In the mid-1940s, once the full impact of World War II was
assessed, the world witnessed major legal developments in both
modern trade and human rights. Since then, volumes have been
written about modern trade law, and human rights law has seen an
equal amount of attention. While these topics constitute two of the
most active spheres in international law, follow similar
intellectual trajectories, and often feature the same key actors
and arenas, neither field has actively engaged with the other. They
co-exist in relative isolation at best, peppered by occasional
hostile debates. It has come to be a given that pro-trade laws are
not good for human rights, and legislation that protects human
rights hampers vibrant international trade.
In a bold departure from this canon, Just Trade makes a case for
reaching a middle-ground between these two fields, acknowledging
their co-existence and the significant points at which they
overlap. Using actual examples from many of the 35 nations of the
Western Hemisphere, the authors one a human rights scholar and the
other specializing in trade law -- carefully combine their
expertise to examine human rights policies involving conscripted
child labor, sustainable development, promotion of health, equality
of women, human trafficking, indigenous peoples, poverty,
citizenship, and economic sanctions, never overlooking the very
real human rights problems that arise from international trade.
However, instead of viewing the two kinds of law as isolated,
polar, and sometimes hostile opposites, Berta Esperanza
HernAndez-Truyol and Stephen J. Powell make powerful suggestions
for how these intersections may be navigated to promote an
internationalmarketplace that embraces both liberal trade and
liberal protection of human rights.
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