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Poverty and the International Economic Legal System

Poverty and the International Economic Legal System Duties to the World's Poor

Author: Krista Nadakavukaren Schefer
Publisher: Cambridge University Press
ISBN: 9781107032743
Published In: March 2013
Format: Hardback , 493 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.

• Separates questions of poverty reduction from the issue of development in order to focus on how the international economic legal system impacts individuals and not just states

• Provides a broad view of the global economic system and the place of poverty in it

• Highlights where the systems themselves are in need of change and where it is individual state policies that need to change in order to reduce poverty

List of contributors	xi
Preface	xxiii
Acknowledgements	xl
List of abbreviations	xlii
Part I Poverty and international law: setting out the framework
1 Poverty, obligations, and the international economic legal system: what are our duties to the global poor? Krista Nadakavukaren Schefer	3
2 Anti-poverty v. the international economic legal order? A legal cultural critique Colin B. Picker	16
Part II IEL institutions and poverty
A Trade
3 Introductory note: trade and poverty Gabrielle Marceau	41
4 Poverty, redistribution, and international trade regulation Thomas Cottier	48
5 Trade liberalization and poverty reduction: complimentary or contradictory aims? Bryan Mercurio	66
6 God, the WTO – and hunger Christian Häberli	79
7 Does free trade matter for poverty reduction? The case of ASEAN Pasha L. Hsieh	107
8 Poverty alleviation through paperless trade Emmanuel T. Laryea	121
B Investment and commercial arbitration
9 Introductory note: arbitration, insurance, investment, corruption, and poverty J. J. Gass	137
10 International commercial arbitration and poverty, not obvious but (maybe) possible Christopher Kee	144
11 Foreign direct investment and the alleviation of poverty: is investment arbitration falling short of its goals? Mariel Dimsey	159
12 The “corruption objection” to jurisdiction in investment arbitration: does it really protect the poor? Stephan Wilske and Willa Obel	177
13 Investment guarantees and international obligations to reduce poverty: a human rights perspective Markus Krajewski	189
14 Access to justice in dispute resolution: financial assistance in international arbitration Brooks W. Daly and Sarah Melikian	211
15 From problem to potential: the need to go beyond investor-state disputes and integrate civil society, investors and state at the local level Mariana Hernandez Crespo	225
16 The Millennium Challenge Corporation, law, and poverty reduction Stuart Kerr	241
C International financial regulation
17 Introductory note: reflections on law and poverty Gavin Bingham	251
18 Ambitious goals, limited tools? The IMF and poverty reduction Ben Thirkell-White	256
19 The direct contribution of the international financial system to global poverty Ross P. Buckley	278
20 The World Bank: fighting poverty – ideology versus accountability Mark S. Ellis	291
21 Life, debt, and human rights: contextualizing the international regime for sovereign debt relief Celine Tan	307
22 Sovereign debt, odious debt, and the poverty of nations Yvonne Wong	325
23 Poverty and corruption Mark Pieth	335
Part III IEL and poverty: concerns of particularly vulnerable populations
24 International economic law, women, and poverty Barnali Choudhury	341
25 The book famine: international copyright rules as barriers to knowledge for impoverished persons with disabilities Caroline Hess-Klein	358
26 Caring for its children: how the European Union uses free movement law to tackle child poverty and social exclusion Aline Doussin	377
Part IV Challenging our assumptions: is there a duty to reduce poverty?
27 Positive or negative, legal or moral: what duties to reduce poverty? Stephanie B. Leinhardt and Krista Nadakavukaren Schefer	391
28 Human rights obligations to the poor Monica Hakimi	395
29 The allocation of anti-poverty rights duties: our rights, but whose duties? Samantha Besson	408
Epilogue Krista Nadakavukaren Schefer	432
Index	433