Human Rights and International Trade

by Thomas Cottier (Editor), Joost Pauwelyn (Editor), Elisabeth Bïrgi (Editor)

Overview

Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Recently, however, tension has arisen between these two areas. Does the World Trade Organization prevent countries from providing essential medicines to their people? Is it fair to accord the benefits of trade subject to a clean human rights record?

This book examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. The interaction is the explored through seven case studies, ranging from freedom of expression and anti-trust rules, to the fight against trade in conflict diamonds and the UN's new convention on tobacco control.

Product Details

ISBN-13:	9780199285839
Publisher:	Oxford University Press
Publication date:	01/19/2006
Series:	International Economic Law Series
Pages:	540
Product dimensions:	9.00(w) x 6.00(h) x 1.30(d)

About the Author

Thomas Cottier is Managing Director of the World Trade Institute, Bern; and Professor of European and International Economic Law at the University of Bern, Switzerland. Joost Pauwelyn is Associate Professor of Law at Duke University School of Law. Elisabeth Bürgi is an attorney at law, and a researcher at the World Trade Institute, Bern and at the Institute of European and International Economic Law of the University of Bern, Switzerland.

Table of Contents

Foreword, John H. JacksonIntroduction, Elisabeth Bürgi, Thomas Cottier and Joost PauwelynPART I CONCEPTUAL FRAMEWORK: DEFINING AND CONNECTING THE TWO FIELDS1. The Petersmann-Alston Debate: Market freedoms as human rights or merger and acquisition of human rights by trade law, E.U. Petersmann; Philip Alston2. The Legal matrix of human rights and trade law, Christine Breining3. Comments, Carlos Vazquez4. Law-making: Institutional Cooperation and Norm Creation in International Organizations, Victor Mosoti5. Mediating Interactions in an Expanding International Intellectual Property Regime, Larry Helfer6. Institutional Cooperation and Norm Creation in International Organizations: The FAO/WHO Codex Alimentarius, Marsha Echols7. Human Rights and Trade: Two Practical Suggestions for Promoting Coordination and Coherence, Caroline Dommen8. Dispute settlement: How to Win a WTO Dispute based on non-WTO Law? Questions of Jurisdiction and Merits, Joost Pauwelyn9. Dispute settlement: Comments, Kong Qingjiang and Maria GreenPART II THE TRADE AND HUMAN RIGHTS INTERFACE IN PRACTICE: SEVEN CASE STUDIES10. Freedom of Expression:Linkages between Freedom of Expression and Competition Rules in International Trade- The Hertel case and beyond, Thomas Cottier11. Freedom of Expression: Comments, Christoph Graber and Carlos Vazquez12. The Rule of Reason and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS, Frederick Abbott13. Health: Comments, Sisule Musungu and Prabhash Ranjan14. The Right to Food and Trade in Agriculture, Christine Breining15. Food: Comments, Shelley Edwardson16. Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberely Process, Krista Nadakavukaren Schefer17. Conflict Diamonds: Comments, Kevin R. Gray18. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, Karin Lucke19. The WHO Framework Convention on Tobacco, Allyn Taylor20. Tobacco: Comments, Werner Meng21. The WTO Ruling on EC - Tariff Preferences to Developing Countries and its implications for conditionality in GSP Programs, Lorand Bartels22. EC Tariff-preferences: Comments, Jane Bradley and Gregory Shaffer