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Human Rights and International Trade (Paperback, New)
Loot Price: R2,607
Discovery Miles 26 070
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Human Rights and International Trade (Paperback, New)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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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. Both fields of law protect certain freedoms: economic
development should lead to higher human rights standards, and UN
embargoes are used to secure compliance with human rights
agreements. However the interaction between trade liberalisation
and human rights protection is complex, and recently, tension has
arisen between these two areas. Do WTO obligations covering
intellectual property prevent governments from implementing their
human rights obligations, including rights to food or health? Is it
fair to accord the benefits of trade subject to a clean human
rights record? This book first examines the theoretical framework
of the interaction between the disciplines of international trade
law and human rights. It builds upon the well-known debate between
Professor Ernst-Ulrich Petersmann, who construes trade obligations
as human rights, and Professor Philip Alston, who warns of a merger
and acquisition of human rights by trade law. From this starting
point, further chapters explore the differing legal matrices of the
two fields and examine how cooperation between them might be
improved, both in international law-making and institutions,in
dispute settlement. The interaction between trade and human rights
is then explored through seven case studies:freedom of expression
and competition law; IP protection and health; agricultural trade
and the right to food; trade restrictions on conflict WHO
convention on tobacco control; and, finally, human rights
conditionalities in preferential trade schemes.
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