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Human Rights and International Trade Thomas Cottier (Managing Director, World Trade Institute, Bern Professor of European and International Economic Law, University of Bern, Switzerland)

Human Rights and International Trade By Thomas Cottier (Managing Director, World Trade Institute, Bern Professor of European and International Economic Law, University of Bern, Switzerland)

Summary

Examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. This interaction is explored in this book through seven case studies, ranging from freedom of expression and anti-trust rules, to the fight against trade in conflict diamonds and the UN's convention on tobacco control.

Human Rights and International Trade Summary

Human Rights and International Trade by Thomas Cottier (Managing Director, World Trade Institute, Bern Professor of European and International Economic Law, University of Bern, Switzerland)

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.

About Thomas Cottier (Managing Director, World Trade Institute, Bern Professor of European and International Economic Law, University of Bern, Switzerland)

Thomas Cottier is Managing Director of the World Trade Institute, Bern; and Professor of European and International Economic Law at the University of Bern, Switzerland. Joost Pauwelyn is Associate Professor of Law at Duke University School of Law. Elisabeth Burgi is an attorney at law, and a researcher at the World Trade Institute, Bern and at the Institute of European and International Economic Law of the University of Bern, Switzerland.

Table of Contents

PART I CONCEPTUAL FRAMEWORK: DEFINING AND CONNECTING THE TWO FIELDS; PART II THE TRADE AND HUMAN RIGHTS INTERFACE IN PRACTICE: SEVEN CASE STUDIES

Additional information

NLS9780199285839
9780199285839
0199285837
Human Rights and International Trade by Thomas Cottier (Managing Director, World Trade Institute, Bern Professor of European and International Economic Law, University of Bern, Switzerland)
New
Paperback
Oxford University Press
20051117
544
N/A
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