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Public Policy in International Economic Law - The ICESCR in Trade, Finance, and Investment (Hardcover)
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Public Policy in International Economic Law - The ICESCR in Trade, Finance, and Investment (Hardcover)
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States reject inequality when they choose to ratify the
International Covenant on Economic, Social and Cultural Rights
(ICESCR), but to date the ICESCR has not yet figured prominently in
the policy calculus behind States' international economic
decisions. This book responds to the modern challenge of
operationalizing the ICESCR, particularly in the context of States'
decisions within international trade, finance, and investment.
Differentiating between public policy mechanisms and institutional
functional mandates in the international trade, finance, and
investment systems, this book shows legal and policy gateways for
States to feasibly translate their fundamental duties to respect,
protect, and fulfil economic, social and cultural rights into their
trade, finance, and investment commitments, agreements, and
contracts. It approaches the problem of harmonizing social
protection objectives under the ICESCR with a State's international
economic treaty obligations, from the designing and interpreting
international treaty texts, up to the institutional monitoring and
empirical analysis of ICESCR compliance. In examining public policy
options, the book takes into account around five decades of States'
implementation of social protection commitments under the ICESCR;
its normative evolution through the UN Committee on Economic,
Social and Cultural Rights, and the Committee's expanded
fact-finding and adjudicative competences under the Optional
Protocol to the ICESCR; as well as the critical, dialectical, and
deliberative roles of diverse functional interpretive communities
within international trade, finance, and investment law.
Ultimately, the book shoes how States' ICESCR commitments operate
as the normative foundation of their trade, finance, and investment
decisions.
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