Human Rights Related Trade Measures Under International Law

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.

Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. c. Book News Inc.

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 various ways in which international trade law rules impact upon human rights protection and promotion, 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 examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering 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.

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.

This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

"The objective of this publication is to provoke discussion on the use of general exception clauses in World Trade Organization (WTO) agreements as a means of ensuring that trade agreements maintain the flexibility needed for WTO members to meet their obligations under international human rights law. It is part of the ongoing work of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the question of human rights and trade. Most directly, it responds to a recommendation of the High Commissioner, made in an analytical study, to consider the human rights implications of the general exception clauses of WTO agreements."--Introduction.