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Human Rights Impact of the World Trade Organisation

ISBN13: 9781841136936
Published: July 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

Despatched in 4 to 6 days.

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 impact of international trade law rules on the protection and promotion of human rights, 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 proposes a means by which human rights arguments could be raised and adjudicated upon in WTO dispute settlement proceedings.

The conclusion then examines 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.

Human Rights and Civil Liberties, International Trade
PART 1 Key Conceptual Issues of the International Trade Law and International Human Rights Systems
1. The Justice Dimension of the WTO
2. A Human Rights Methodology for Analysis
3. The Rationale for a Human Rights Methodology in the WTO Context

PART 2 Key Legal Issues in Assessing the Human Rights Impact of the WTO
4. A Legal Framework for the Analysis of the Human Rights Impacts of the WTO
5. Some Background Issues on Conditionality-Based Measures
6. Conditionality-Based Measures in Multilateral Frameworks
7. Unilateral Conditionality-Based Measures
8. A Legal Framework for Assessing Compliance and Cooperation-Based Measures
9. A Case Study of Compliance and Cooperation-Based Measures: The TRIPS Agreement and the Access to Essential Medicines

PART 3 Future Strategies for the Protection and Promotion of Human Rights in the International Trade Law Context
10. Reappraising the Protection and Promotion of Human Rights in the WTO
11. Raising Explicit Human Rights Arguments in WTO Dispute Settlement Proceedings
12. Broader Strategies for Ensuring Trade Law Rules do not Negatively Impact upon Human Rights
Concluding Remarks

Series: Studies in International Trade Law

Legitimacy of the World Trade Organisation ISBN 9781849463737
To be published August 2024
Hart Publishing
Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
Published April 2013
Hart Publishing
Free Trade and Cultural Diversity in International Law ISBN 9781849464253
Published April 2013
Hart Publishing
Redefining Sovereignty in International Economic Law ISBN 9781841137018
Published April 2008
Hart Publishing
The Power to Protect: Trade, Health and Uncertainty in the WTO ISBN 9781841134826
Published December 2004
Hart Publishing