Author: Dael A. Norwood Publisher: University of Chicago Press ISBN: 0226815587 Category : Business & Economics Languages : en Pages : 279
Book Description
Introduction: America's Business with China -- Founding a Free, Trading Republic -- The Paradox of a Pacific Policy -- Troubled Waters -- Sovereign Rights, or America's First Opium Problem -- The Empire's New Roads -- This Slave Trade of the Nineteenth Century -- A Propped-Open Door -- Death of a Trade, Birth of a Market.
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: Yash Tandon Publisher: OR Books ISBN: 1939293820 Category : Political Science Languages : en Pages : 224
Book Description
"This impressive study focuses on Africa, which has suffered hideous crimes. Yash Tandon’s case is a powerful one, and can be extended: The global class war that is institutionalized in the misnamed 'free trade agreements' is also a war against the traditional victims of class war at home. The resistance, in Africa and elsewhere, which Tandon describes here, is a source of hope for the future." —Noam Chomsky "A necessary and timely contribution which goes to the roots of the deep crises we face as humanity." —Vandana Shiva "... understand that 'trade is war' as Yash Tandon beautifully explains in this important book." —Samir Amin Globalization has reduced many aspects of modern life to little more than commodities controlled by multinational corporations. Everything, from land and water to health and human rights, is today intimately linked to the issue of free trade. Conventional wisdom presents this development as benign, the sole path to progress. Yash Tandon, drawing on decades of on-the-ground experience as a high level negotiator in bodies such as the World Trade Organization (WTO), here challenges this prevailing orthodoxy. He insists that, for the vast majority of people, and especially those in the poorer regions of the world, free trade not only hinders development – it visits relentless waves of violence and impoverishment on their lives. Trade Is War shows how the WTO and the Economic Partnership Agreements like the EU-Africa EPA and the Transatlantic Trade and Investment Partnership (TTIP) are camouflaged in a rhetoric that hides their primary function as the servants of global business. Their actions are inflaming a crisis that extends beyond the realm of the economic, creating hot wars for markets and resources, fought between proxies in Africa, Asia, Latin America, the Middle East and now even in Europe. In these pages Tandon suggests an alternative vision to this devastation, one based on self-sustaining, non-violent communities engaging in trade based on the real value of goods and services and the introduction of alternative currencies.
Author: Emilie M. Hafner-Burton Publisher: Cornell University Press ISBN: 0801457467 Category : Political Science Languages : en Pages : 235
Book Description
Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. In Forced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.
Author: Rhonda Ferguson Publisher: BRILL ISBN: 9004345302 Category : Law Languages : en Pages : 305
Book Description
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Author: Joseph E. Stiglitz Publisher: Commonwealth Secretariat ISBN: 1849291055 Category : Business & Economics Languages : en Pages : 48
Book Description
Aid for trade has not delivered on its initial promise. To create a genuinely pro-development trade liberalisation agenda, Nobel Prize-winning economist Joseph E Stiglitz and Andrew Charlton put forward proposals that will help international trade work for developing countries and preserve a development-friendly multilateral trading system.
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: Dael A. Norwood
Author: Zena Prodromou
Author: Yash Tandon
Author: Emilie M. Hafner-Burton
Author: Rhonda Ferguson
Author: Joseph E. Stiglitz
Author: Lance A. Compa
Author: W. P. M. Kennedy
Author: Thomas Cottier
Author: John Law