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.
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.
Foreword ; Introduction ; PART I CONCEPTUAL FRAMEWORK: DEFINING AND CONNECTING THE TWO FIELDS ; 1. The Petersmann-Alston Debate: Market freedoms as human rights or merger and acquisition of human rights by trade law ; 2. The Legal matrix of human rights and trade law ; 3. Comments ; 4. Law-making: Institutional Cooperation and Norm Creation in International Organizations ; 5. Mediating Interactions in an Expanding International Intellectual Property Regime ; 6. Institutional Cooperation and Norm Creation in International Organizations: The FAO/WHO Codex Alimentarius ; 7. Human Rights and Trade: Two Practical Suggestions for Promoting Coordination and Coherence ; 8. Dispute settlement: How to Win a WTO Dispute based on non-WTO Law? Questions of Jurisdiction and Merits ; 9. Dispute settlement: Comments ; PART II THE TRADE AND HUMAN RIGHTS INTERFACE IN PRACTICE: SEVEN CASE STUDIES ; 10. Freedom of Expression:Linkages between Freedom of Expression and Competition Rules in International Trade- The Hertel case and beyond ; 11. Freedom of Expression: Comments ; 12. The Rule of Reason and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS ; 13. Health: Comments ; 14. The Right to Food and Trade in Agriculture ; 15. Food: Comments ; 16. Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberely Process ; 17. Conflict Diamonds: Comments ; 18. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights ; 19. The WHO Framework Convention on Tobacco ; 20. Tobacco: Comments ; 21. The WTO Ruling on EC - Tariff Preferences to Developing Countries and its implications for conditionality in GSP Programs ; 22. EC Tariff-preferences: Comments
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