Companies International Trade And Human Rights
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Companies International Trade And Human Rights
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Author : Janet Dine
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-25
Companies International Trade And Human Rights written by Janet Dine and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-25 with Law categories.
Seeking reasons for international trading regimes not meeting poverty reduction goals, this book focuses on the role of corporations within the trading system, and the complex relationships between corporations, nation states and international organizations. The actions of corporations and their underlying motives are considered as well as the structure of the international trading system and globalization.
Human Rights And International Trade
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Author : Thomas Cottier
language : en
Publisher: International Economic Law
Release Date : 2005
Human Rights And International Trade written by Thomas Cottier and has been published by International Economic Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
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.
Human Rights Labor Rights And International Trade
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Author : Lance A. Compa
language : en
Publisher: University of Pennsylvania Press
Release Date : 2003-08-30
Human Rights Labor Rights And International Trade written by Lance A. Compa and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-30 with Business & Economics categories.
"A significant contribution to current legal, political, and economic discourse on workers in the global economy."—International and Comparative Law Quarterly
The Human Rights Impact Of The World Trade Organisation
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Author : James Harrison
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-31
The Human Rights Impact Of The World Trade Organisation written by James Harrison and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-31 with Law categories.
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 Public Order Exception In International Trade Investment Human Rights And Commercial Disputes
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Author : Zena Prodromou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-12
The Public Order Exception In International Trade Investment Human Rights And Commercial Disputes written by Zena Prodromou and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-12 with Law categories.
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Global Business And Human Rights
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Author : James Featherby
language : en
Publisher: Sweet & Maxwell
Release Date : 2011
Global Business And Human Rights written by James Featherby and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations.
Business And Human Rights
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Author : Wesley Cragg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Business And Human Rights written by Wesley Cragg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Business & Economics categories.
The relationship between business and human rights has emerged in the last two decades as one of the most pressing issues in the field of business ethics. Do corporations have human rights responsibilities? If so, what is that nature of those responsibilities and do they differ in any significant way from those of governments? Is it reasonable or realistic to expect corporations to respect human rights in environments where governments, particularly in the developing and underdeveloped world, need economic development and have a limited capacity and/or interest in enforcing human rights standards and laws? The contributors to this groundbreaking volume take up these questions, examining them from both theoretical and practical perspectives. Topics discussed include the debates leading to the creation of the ISO 26000 standard and the United Nations human rights framework for business entities, as well as the nature and limits of the human rights responsibilities of business, the roles and responsibilities of international trade bodies like the World Trade Organization in protecting human rights, and the implications of the current debate for international trade agreements and trade with China. The contributors also explore the effectiveness of voluntary human rights standards in the textile and clothing trade, mining, advertising and the pharmaceutical industry. Scholars and students in management, philosophy, political science, sociology and law will find this volume a great resource, as will activists, managers and policy makers.
Human Rights And Capitalism
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Author : Janet Dine
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Human Rights And Capitalism written by Janet Dine and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.
Human Rights and Capitalism brings together two important facets of the globalization debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach.
Environment Human Rights And International Trade
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Author : Francesco Francioni
language : en
Publisher: Hart Publishing
Release Date : 2001-06
Environment Human Rights And International Trade written by Francesco Francioni and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06 with Law categories.
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.
Business And Human Rights
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Author : Rory Sullivan
language : en
Publisher: Routledge
Release Date : 2017-09-08
Business And Human Rights written by Rory Sullivan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Business & Economics categories.
The end of the Cold War and the virtual disappearance of communism have completely altered the world economy. The supply chains of supermarkets and consumer goods industries have spread ever more widely and deeply into Asia, Africa and South America, while oil, mining and financial companies, among many others, have invested heavily in countries that were previously denied to them by political or ideological barriers. While companies have seized the opportunities presented by globalisation, they have in many cases been completely unprepared for the risks presented by their headlong rush into these new markets. Companies have found themselves and their business partners operating in countries where corruption, injustice, internal conflict and human rights violations are rife. An increasingly alert and critical world has acted as watchdog, highlighting corporate malpractice and the links between corporations and repressive regimes. It has increasingly been argued that companies have responsibilities for the protection and promotion of human rights. These arguments are, at least to some extent, accepted by companies. Yet, despite the increasing use of human rights language in public policy discourses, the expectations of companies remain unclear. That is, what are the ethical imperatives? What are the legal expectations? How far does responsibility extend? What can companies actually do in practice? The debate is further complicated by the range of actors (companies, governments, international institutions, local communities, non-governmental organisations [NGOs], trade unions, consumers) involved; by debates around free trade versus and fair trade; by the discussion of the specific role of governments; and by questions about the relative merits of regulation and self-regulation. Business and Human Rights provides an analysis of the relationship between companies and human rights in the context of globalisation. The analysis is in two parts. The first maps the reasons (financial, ethical, regulatory) why human rights have become a business issue. However, simply because there are reasons why companies should be concerned about human rights, this does not say what companies should or could do. Therefore, the second part of the book looks at the practical experiences of companies in responding to specific human rights issues in the context of their own operations, in their supply chains and in specific countries. These case studies, many of which have not been previously published or analysed from the perspective of human rights, provide important insights into questions such as: How do companies organise themselves to respond to human rights challenges? What have the experiences been-positive and negative? How have companies responded to specific situations? What are the roles and responsibilities of other actors: government, trade unions, NGOs? What are the limits to responsibility? In this outstanding collection, Rory Sullivan has drawn together leading thinkers and actors from the debate on business and human rights, to establish how far the business and human rights debate has evolved, and explore the many complex questions around roles, responsibilities and solutions that remain to be answered.