Download or read book Balancing Human Rights Environmental Protection and International Trade written by Emily Reid and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environment Human Rights and International Trade written by Francesco Francioni and published by Hart Publishing. This book was released on 2001-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environment Human Rights and International Trade written by Francesco Francioni and published by Bloomsbury Publishing. This book was released on 2001-07-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Balancing Human Rights Environmental Protection and International Trade written by Emily Reid and published by Bloomsbury Publishing. This book was released on 2015-02-26 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Foreign Investment Human Rights and the Environment written by Shyami Puvimanasinghe and published by BRILL. This book was released on 2007-06-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Download or read book Balancing International Trade with Environmental Protection written by Professor Surya P. Subedi and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The prospect of long-term global and irreversible harm to the environment by certain economic activities of our generation has brought environmental issues from the periphery to the center of the international political agenda. Consequently, the world has entered a new age of environmental diplomacy, resulting in a rapid evolution of the international law of the environment. The political awakening and rising level of public concern over the state of our environment during the past few decades have resulted in the adoption of a number of international instruments designed to limit the harm to the environment from human activity. While most measures adopted in the first few decades of the second half of this century concentrated primarily on end-of-pipe solutions, many measures adopted in the recent past have sought to identify and arrest the environmental problems before they occur. In accordance with this precautionary approach, which demands that attention be paid to the sources of the problem, states started exploring various possibilities of creating economic incentives for various industries to produce environmentally less damaging products rather than imposing the will of the state on particular industries. Although traditionally market forces have been perceived as environmentally unfriendly actors, certain experiences have demonstrated that well conceived economic incentives to industry can play a significant role in programs for the protection of the environment and the sustainable use and development of the resources of the earth. Accordingly, it was as early as 1971 that Germany's national environmental plan put forward the concept.

Download or read book International Food Law written by Cinzia Caporale and published by Kluwer Law International B.V.. This book was released on 2021-05-21 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.

Download or read book Human Rights and International Trade written by Thomas Cottier and published by International Economic Law. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Law and Development written by Piotr Szwedo and published by Springer Nature. This book was released on 2019-09-14 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of ‘development’ from alternative perspectives and analyzes how different approaches influence law. ‘Sustainable development’ focuses on balancing economic progress, environmental protection, individual rights, and collective interests. It requires a holistic approach to human beings in their individual and social dimensions, which can be seen as a reference to ‘integral human development’ – a concept found in ethics. ‘Development’ can be considered as a value or a goal. But it also has a normative dimension influencing lawmaking and legal application; it is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This research examines how different approaches to ‘development’ and their impact on law can coexist in pluralistic and multicultural societies, and how to evaluate their legitimacy, analyzing the problem from an overarching theoretical perspective. It also discusses case studies stemming from different branches of law.

Download or read book Freer Trade Protected Environment written by Carlisle Ford Runge and published by Council on Foreign Relations. This book was released on 1994 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Ford Runge, a leading expert on trade reform and environmental policy, explores the linkages between trade and environment, and compares trade rules and environmental standards. How can environmental harm be reduced and international trade be expanded with minimal detriment to the other? Runge examines actual cases and concludes with specific policy recommendations for the United States and the international community.

Download or read book Natural Resources and Sustainable Development written by Celine Tan and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.

Download or read book Human Rights and the Environment written by Sumudu Atapattu and published by Routledge. This book was released on 2019-03-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.

Download or read book Rethinking Free Trade Economic Integration and Human Rights in the Americas written by María Belén Olmos Giupponi and published by Hart Publishing. This book was released on 2019-05-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 labor 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, including NAFTA, this book 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.

Download or read book Gormley Human Rights and Environment written by W. Paul Gormley and published by Springer. This book was released on 1976-06-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book When Environmental Protection and Human Rights Collide written by Marie-Catherine Petersmann and published by . This book was released on 2019 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research inquiries into the meanings that have been ascribed to the 'environment' in relation to human rights in international law and adjudication. It retraces the historical nexus between international environmental law and human rights law and provides a genealogical account of their interconnectedness. The analysis reveals that a synergistic frame dominates the portrayal of how both regimes interact, while conflicts of norms inherent to this relationship remain overlooked. To bridge this gap, this research constructs a theoretical typology of conflicts between environmental laws and human rights and maps out the formal conflict prevention, conflict resolution and conflict avoidance techniques that exist to manage the tensions. An empirical analysis of conflicts decided by regional human rights courts reveals the politics that underlie the management of conflicts and exemplifies how courts developed specific strategies to counter the legal, factual and scientific indeterminacy that underpins the trade-offs. To justify their judicial decisions, adjudicators re-inject determinacy, objectivity and impartiality into their reasoning by articulating their arguments in an idiom of universality. Two 'universalisation strategies' are induced from the cases. First, environmental protection is framed as a ‘general’ interest and thereby granted additional weight in the balancing exercise against relative human rights. What the ‘general’ interest in environmental protection means and entails, however, cannot be epistemologically defined. By having recourse to this abstract concept, adjudicators continuously expand its content by subsuming certain substantive and procedural environmental concerns into it and discarding others. In doing so, adjudicators play a determining role in defining the environment-human rights nexus and legitimise certain visions of this interface rather than others. A form of hegemony is thereby taking place, which the research assesses through sociological (Bourdieu), political (Gramsci) and legal (Koskenniemi) lenses. A second ‘universalisation strategy’ used to counter indeterminacy is observable in the reliance of courts on scientific and technical experts’ data to determine 'optimal' outcomes. Reliance on expertise, it is demonstrated, grants weight to specific arguments in the balancing exercise and gives rise to an expert-based managerial approach to conflict adjudication. The research concludes with a reflection on the depoliticising effects involved in the juridification of environmental concerns and questions the suitability of international human rights law for radical environmental politics and change.

Download or read book Human Rights Approaches to Environmental Protection written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environment, by Alan Boyle

Download or read book Guiding Principles on Business and Human Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.