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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Poverty and the International Economic Legal System: Duties to the World's Poor

ISBN13: 9781107032743
Published: March 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £93.00

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With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.

Public International Law, Law and Economics
Part I. Poverty and International Law: Setting out the Framework:
1. Poverty, obligations and the international economic legal system: what are our duties to the global poor? Krista Nadakavukaren Schefer
2. Anti-poverty v. the international economic legal order? A legal cultural critique Colin B. Picker

Part II. IEL Institutions and Poverty:

Part IIA. Trade:
3. Introductory note: trade and poverty Gabrielle Marceau
4. Poverty, redistribution and international trade regulation Thomas Cottier
5. Trade liberalisation and poverty reduction: complementary or contradictory aims? Bryan Mercurio
6. God, the WTO and hunger Christian Haberli
7. Does free trade matter for poverty reduction? The case of ASEAN Pasha Hsieh
8. Poverty alleviation through paperless trade Emmanuel Laryea

Part IIB. Investment and Arbitration:
9. Arbitration, insurance, investment, corruption, and poverty: introduction J. J. Gass
10. Foreign direct investment and the alleviation of poverty: is investment arbitration falling short of its goals? Mariel Dimsey
11. The 'corruption objection' to jurisdiction in investment arbitration: does it really protect the poor? Stephan Wilske and Willa Obel
12. Investment guarantees and international obligations to reduce poverty: a human rights perspective Markus Krajewski
13. International commercial arbitration and poverty: not obvious but (maybe) possible Christopher Kee
14. Access to justice in dispute resolution: financial assistance in international arbitration Brooks W. Daly and Sarah Melikian
15. From problem to potential: the need to go beyond investor-state disputes and integrate civil society, investors and state at the local level Mariana Hernandez Crespo
16. The Millennium Challenge Corporation, law, and poverty reduction Stuart Kerr

Part IIC. International Financial Regulation:
17. Reflections on law and poverty Gavin Bingham
18. Ambitious goals, limited tools? The IMF and poverty reduction Ben Thirkell-White
19. The direct contribution of the international financial system to global poverty Ross P. Buckley
20. The World Bank: fighting poverty: ideology versus accountability Mark S. Ellis
21. Life, debt and human rights: contextualising the international regime for sovereign debt relief Celine Tan
22. Sovereign debt, odious debt and the poverty of nations Yvonne Wong
23. Poverty and corruption Mark Pieth

Part III. IEL and Poverty: Concerns of Particularly Vulnerable Populations:
24. International economic law, women and poverty Barnali Choudhury
25. The book famine: international copyright rules as barriers to knowledge for impoverished persons with disabilities Caroline Hess-Klein
26. Caring for its children!: How the European Union uses free movement law to tackle child poverty and social exclusion Aline Doussin

Part IV. Challenging Our Assumptions: Is there a Duty to Reduce Poverty?:
27. Introduction Stephanie B. Leinhardt and Krista Nadakavukaren Schefer
28. Human rights obligations of the poor Monica Hakimi
29. The allocation of anti-poverty rights duties: our rights, but whose duties? Samantha Besson

Part V. Conclusions:
30. Closing thoughts Krista Nadakavukaren Schefer.