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Author: Zena Prodromou Publisher: Kluwer Law International B.V. ISBN: 9403520019 Category : Law Languages : en Pages : 313
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Zena Prodromou Publisher: Kluwer Law International B.V. ISBN: 9403520019 Category : Law Languages : en Pages : 313
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Thomas Cottier Publisher: International Economic Law ISBN: 9780199285822 Category : Business & Economics Languages : en Pages : 0
Book Description
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 higherhuman 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, and in disputesettlement. 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 diamonds; UN norms on transnational corporations; the new WHOconvention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.
Author: Francesco Francioni Publisher: Hart Publishing ISBN: 1841132179 Category : Law Languages : en Pages : 391
Book Description
Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. c. Book News Inc.
Author: Chad P. Bown Publisher: Rowman & Littlefield ISBN: 0815704186 Category : Political Science Languages : en Pages : 301
Book Description
The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Author: James Harrison Publisher: Bloomsbury Publishing ISBN: 1847313744 Category : Law Languages : en Pages : 292
Book Description
This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.
Author: Buhm-Suk Baek Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The idea of human rights protection, historically, has been considered as a domestic matter, to be realized by individual states within their domestic law and national institutions. The protection and promotion of human rights, however, have become one of the most important issues for the international community as a whole. Yet, with time, it has become increasingly difficult for the international community to address human rights problems collectively. Despite a significant development in the human rights norms, effective protection of fundamental human rights and their legal enforcement has a long way to go. This paper will argue that economic sanctions can contribute to a decrease in individual states' human rights violations and can be an effective enforcement tool for international law. The international community, including the U.N., should impose effective economic sanctions against states where gross human rights violators are. Economic sanctions have been widely used by the U.N. since the end of the Cold War. Their purpose is generally not to punish the individual state but to modify its behavior. However, such sanctions conflict with other fundamental principles of international law, namely the principle of non-intervention and state sovereignty. Economic sanctions can also conflict with the WTO's first agenda: free trade. Even worse, economic sanctions are criticized because these sanctions are, arguably, targeted at the people at large, not to the regime, a violator of international norms. This paper will review the role of economic sanctions in international human rights law. Chapter II examines the principle of non-intervention and whether its exceptions are in international human rights law. Chapter III reviews the doctrines and practices of economic sanctions for human rights protection by the U.N. Security Council, the U.S., and the E.U. Chapter IV examines the legality of the economic sanctions against human rights violations under the WTO system and reviews the possibility of the harmonization of international economic law with international human rights law. Lastly, Chapter V concludes by emphasizing the importance of economic sanctions against human rights violations. Based on the research outlined above, this paper concludes as follows: Chapter II maintains that the relationship between human rights and state sovereignty should and can be complementary. The protection and promotion of human rights can be enhanced with a respect for state sovereignty. In other words, each individual state has a responsibility to protect and promote the human rights of its own nationals based upon the principle of sovereignty. State sovereignty and independence should serve not as a hurdle to, but as a guarantee for the realization of the fundamental human rights of the state's nationals. Chapter II also concludes that the concept of human rights has been expanded and the core human rights are inalienable and legally enforceable ones. The evolvement of international human rights law is one of the most remarkable innovations in modern international law. If gross human rights violations, especially those established by the status of Jus Cogens or obligations Erga Omnes, are not solved by a state itself, it is no longer solely the problem of the state concerned. Fundamental human rights have acquired a status of universality and the international community should accept this. Chapter III reviews the doctrines and practices of economic sanctions for human rights protection by the U.N. Security Council, the U.S., and the E.U. All cases of economic sanctions against gross human rights violations discussed, ten by the Security Council, five by the U.S. and seven by the E.U., were provided as samples to illustrate the idea that economic sanctions by the international community as a whole bolster fundamental human rights. This paper concludes that the sanctions by the Security Council, the U.S. and the E.U. have at least some positive effects on international human rights law. They build international human rights norms. This development also leads to the growing willingness of the international community to impose economic sanctions for human rights protection. Undeniably, economic sanctions have had some negative effects on the targeted states. In numerous reports and articles, scholars and human rights advocates have constantly argued that economic sanctions hurt large numbers of innocent civilians in the targeted states. Economic sanctions, however, cannot be the sole cause of civilian suffering in the targeted states. The targeted states should bear the heavy burden of responsibility for this suffering. It is undeniable that economic sanctions have inherent flaws. But, this paper disagrees with arguments for opposing the use of economic sanctions because of such flaws and negative effects. The problem is not in the sanctions themselves, but in their effect. Therefore, the criticism on economic sanctions should focus on finding a way to decrease their negative effects, rather than arguing for not imposing them without providing a better alternative. Overall, this chapter concludes that economic sanctions have become part of a collective effort by the international community to develop current human rights norms and to protect and promote fundamental human rights in the targeted states. Chapter IV concludes that while economic sanctions are inherently against the free trade provisions of the GATT, economic sanctions against gross human rights violations are allowed under the exceptional provisions of the GATT in the WTO system. This paper also argues that the GATT should be interpreted consistently with international law. That is, trade restriction measures against gross human rights violations are compatible with the GATT. As discussed in Chapter II and III, fundamental human rights violations are no longer just the domestic concern of each individual state. The evolvement of international human rights law demonstrates that, first, international human rights norms recognized as Jus Cogens provide the legality for the international community's intervention in offending states; and second, the Erga Omnes status of international human rights norms shows that every state has an interest in other states observing these human rights norms. Overall, while some economic sanctions may conflict with the main goal of the WTO, i.e. free trade, economic sanctions against human rights violations do not undermine the WTO system itself. Rather, they can be adapted to the WTO's free trade framework under international law. Since the adoption of the Universal Declaration of Human Rights in 1948, there has been a significant evolution toward the universality of human rights. However, international legal enforcement systems for human rights norms are still underdeveloped despite the considerable progress in international human rights law. This paper concludes that economic sanctions can contribute to a decrease in individual states' human rights violations and can be an effective enforcement tool for international law.
Author: Steve Charnovitz Publisher: World Scientific ISBN: 9814513253 Category : Business & Economics Languages : en Pages : 797
Book Description
The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?
Author: Zena Prodromou
Author: Zena Prodromou
Author: Dean Dalke
Author: Thomas Cottier
Author: Dean Dalke
Author: Francesco Francioni
Author: Chad P. Bown
Author: James Harrison
Author: Frederick M. Abbott
Author: Buhm-Suk Baek
Author: Steve Charnovitz