After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO,the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consquence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.
This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this ‘reconciliation’. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of ‘development’, encompassing economic and non-economic concerns - ‘sustainable’ development - is not only desirable in principle but realisable in practice.
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.
The human rights issues raised by the WTO are intimately connected with the power and influence of multinational enterprises within the international economic law system. This book argues that the effect of the WTO agreements is to increase the global power of private enterprise at the expense of other possible powers, such as the nation states. It therefore considers human rights within the WTO system through the prism of the growth of corporate power and the resulting balance of global power. In the first chapter the author argues that there is an underdeveloped legal relationship between the systems of public international law and international economic law, and this central theme of the book is pursued in the succeeding chapters. Chapter two examines the emergence of the WTO as an international institution, while chapter three provides an overview of it in the context of the international economic law system. Chapter four critically considers how the human rights construct should or could be applied to the WTO. The relationship between escalating corporate power and the protection of human rights is at the core of chapter five while a series of chapters then consider the application of human rights within the WTO system thematically. The final chapter analyses the effect of the changing balance of global socio-economic and political power on the future (and meaning) of human rights protection.
This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judicialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational 'cosmopolitan democracy'.
The book explains the concept of International human rights regime and the movement of human rights norms which also review the concept of international human rights norms. Indonesia compliance's on human rights covenants under different regime of the Presidents in the stage 1945 to 2007 which is in the scope of international human rights regime which has long been faced human rights development and obstacles is the center of this book discussion.
One of the most seductive areas where environmentalists may look to strengthen the relationship with the human rights world is in the existence of international legal fora. That is, the existence of a quasi-judicial or judicial international process to force States to comply with international human rights law. Presently, international environmental law is lacking of this kind of mechanism. Hence, an important value added of linking these two areas of international law may be the use of international human rights mechanisms/systems for environmental claims. The clever introduction of environmental claims in international human rights fora could lead to the further development of concepts and consequently help broaden the sphere of protection. With this in mind the primary objectives of this book is to show how human rights and environment relate and the challenges in enforcing Environmental human rights.
This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational 'cosmopolitan democracy'.
This book focuses on the theme of international trade regulation and environmental governance under the auspices of the World Trade Organisation (WTO) and the North American Free Trade Agreement (NAFTA). The regulation of international trade in an environmental context has been discussed ad nauseam but this book specifically contextualizes the debate to the regional grouping Southern African Development Community (SADC) and extracts context- specific lessons. The book''s approach is simple. WTO disputes covering diverse subjects such as natural resource conservation, human health, plant and animal health are discussed and important lessons for a transforming SADC extracted.Dolphins, turtles, meat and meat products, asbestos and other natural resources are important in international trade and this book spells out clearly that in order to effectively trade in these resources, unilateralism must give way to multilateralism. This book concludes on an optimistic note by affirming that the WTO and NAFTA provisions on the settlement of trade-environment disputes will shed light on a future SADC trade and environment regime
Southern African countries like other countries in the world adopted regionalism as strategy for trade.SADC member states agreed to adopt the Regional Indicative Strategic Development Plan (RISDP) by the Secretariat to complement restructuring and to provide a clear direction for SADC policies and programmes in order to maximise their benefits and boost their economies.In theory, it is strongly believed that liberalised trade should increase economic welfare but it is misconception that trade itself could bring positive impact on human life. Although liberalisation will bring enormous advantages, it is still not clear how and to what extent it will benefit the vulnerable people. For instance, economic development goes beyond the economic growth that is defined in quantitative macroeconomic terms which is state-centred conception of national income. It does not provide insightful information on the redistribution of resource in the country. From human rights perspective there is a need to reformulate such an approach. Sen’s defines development as a freedom and it is empowerment and human capacity for personal self-development.
Over some years before and after 1948, human rights issues have been a daily agenda of harmonizing an observance of rights with the eye of humanitarian ground. Human rights have been recognized internationally through United nations Human Rights Committee and Universal Declaration of Human Rights of 1948. In the regions, the European Human Rights Convention and Inter-American Human Rights have made a big step ahead for protection, promotion and enforcement of rights either individually or as groups or associations. In domestic level there are still some challenges whereby the protection, respect and enforcement of human rights is a problem especially vulnerable groups such as people with disabilities, children, women and girls, stateless, displaced people and refugees. Therefore, this book provides the insights of human rights in international and national perspectives. Chapter one provides the theoretical foundations of human rights. The book also has touched the categories of human rights that is political, civil, economic, social, cultural and group rights as provided under chapter four. Human rights of specific groups such as women and girls, children, persons with disability
This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the ‘new regionalism’, which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.
The objective of this comprehensive study of human rights in Islam, is to present that ideal image developed by Islam for human rights, illustrate how Islam has respected and guaranteed these rights, and woman's rights status all of this is to be put into comparison with international declarations, treaties and conventions of human rights and actual applications of these rights. The international community and organizations including the United Nations concern them selves with various issues such as freedom, justice, democracy, human rights, security, peace society, environment, economics and development. but as human rights constitute a common factor among these issues. i have chosen to discuss this topics. Human rights in the context of Islamic sharia , significance of this topic, from Islamic perspective of view. From the fact that bring is the one who is the center of all things. If granted these basic rights and freedoms, people would tend to settle down, endeavor to progress and stop fighting their governments.
This fully revised and updated edition comprehensively analyses the international and domestic remedies available for human rights violations and examines the jurisprudence on these violations. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating the developments in remedial human rights law.
Having sought the consent of states through treaties, International Human Rights Law (IHRL) is devoted to achieve its universal scope and jurisdiction. Muslim States are well behind from the others in showing their adherence to fully preserve the spirit of IHRL treaties. Critics blame the arguable rigidity of Islamic law and its mixture with patriarchal culture being a suggested reason for the failure of Muslim States in adopting domestic legislation in order to protect and promote the international standard of human rights. Islamic scholarship pursues this debate in variant ways. Modernists stress on the evolution of Islamic law to be taken as a tool of reformation in that regard. Traditionalists accept the progressive nature of Islamic law in principle however remain stuck with the classical positions. ‘Islamic theory of legislation'' seeks an articulation of the eternal principles of Islamic law for law making on one hand while on the other elicits for the restoration of the role of scholars/jurists in process of main stream legislation tacking place in the legislatures of the contemporary Muslim States.