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Sustainable Development, Global Trade and Social Rights

Sustainable Development, Global Trade and Social Rights

Author: Adalberto Perulli; Tiziano Treu
Publisher: Kluwer Law International
ISBN: 9789041192356
Published In: March 2018
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Sustainable Development, Global Trade and Social Rights is aimed at analyzing the most updated aspects of linkage between global trade and social rights. There are two different but converging underlying reasons that forge a linkage between promoting social rights and market regulation: one that seeks to act against distorted competition based on social dumping, which ultimately modifies the best allocation of resources on a global scale; the other refers to the planning of an axiologically oriented global order, designed to redress the unwelcomed social consequences of globalization. Three major fields of international law – trade, the environment and human rights – have become inextricably intertwined in today’s world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. The historic link between fundamental social rights and market regulation has proved to be a major topic in the current context of economic globalization, whose trade expansion is a fundamental component along with renewed impetus towards economic regionalism and free trade agreement, including labor provisions. An analysis of MERCOSUR offers a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries.

What’s in this book:

This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law. Focusing primarily on the “social pillar” of sustainability, the authors cover such critical issues as the following:

the “creeping de-globalization” manifested by Brexit and US protectionist policies;
new and renegotiated multilateral “mega” treaties;
prospects for effectively codifying social responsibilities of multinational corporations;
nexus of economic comparative advantage and excessive exploitation of natural resources;
weak (or non-existent) enforcement of labor clauses in trade agreements;
assessing and managing environmental and social risk in project finance; and
stabilization clauses in state–investor agreements.

How this will help you:

A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.

Editors

Contributors

Introduction
Adalberto Perulli

PART I
Sustainable Development and International Trade

CHAPTER 1
Sustainable Development, Global Trade and Social Rights: An Evolutionary Perspective
Adalberto Perulli

CHAPTER 2
Sustainable Development, Social Rights and International Trade
Antoine Lyon-Caen

PART II
International Trade Agreements: The Linkage Between Trade and Social Rights

CHAPTER 3
The MERCOSUR (Southern Common Market): Argentina, Brazil, Paraguay, Uruguay and Venezuela
Adrián Goldin

CHAPTER 4
The Link Between Trade and Social Clauses
Janice R. Bellace

CHAPTER 5
Atlantic Transitions for Law and Labor: CETA First and TTIP Second?
Michele Faioli

PART III
The European Union Internal and External Action in the International Trade Relationships Context

CHAPTER 6
Globalization and Human Rights: Social Clauses in Trade Agreements and in International Exchanges among Companies
Tiziano Treu

CHAPTER 7
The EU Generalised Scheme of Preferences and the Special Incentive Arrangement for Sustainable Development and Good Governance
Manfred Weiss

PART IV
Investments, IMF, ISDS (Investor-State Dispute Settlement) Clauses and the Arbitral Procedures to Resolve a Conflict

CHAPTER 8
Social Rights and the Janus Face of International Investment: The Role of Commercial Banks and Project Finance
Sheldon Leader

CHAPTER 9
Stabilization Clauses in State-Investor Agreements: A Brief Overview
Vania Brino

CHAPTER 10
New Generations Treaties and the Attempts for a Renewal of the ISDS
Valentina Cagnin

PART V
The ILO Perspective

CHAPTER 11
An Overview of the Main ILO Policies and Tools in the Organization of Promotional Activities on Social Rights
Giuseppe Casale & Mario Fasani

Index