Environment, Human Rights and International Trade
1st Edition
Published on 13. July 2001
392 pages
978-1-84731-239-6 (ISBN)
Description
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 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.
More details
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
ISBN-13
978-1-84731-239-6 (9781847312396)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Francesco Francioni
Environment, Human Rights and International Trade
Book
07/2001
Hart Publishing
€166.40
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Content
- Half Title Page
- Title Page
- Title verso
- Foreword
- Contents
- List of Contributors
- Table of Cases
- Table of Legislation
- Table of Abbreviations
- 1. Environment, Human Rights and the Limits of Free Trade
- I. INTRODUCTION
- II. THE RELATIONSHIP OF FREE TRADE TO THE ENVIRONMENT AND HUMAN RIGHTS
- III. UNILATERAL MEASURES AFFECTING IMPORTS
- IV. EXPORT RESTRICTIONS FOR THE PROTECTION OF THE ENVIRONMENT AND HUMAN RIGHTS
- V. PRINCIPLES FOR DISPUTE SETTLEMENT
- VI. CONCLUSION
- 2. International Trade in Living Modified Organisms
- I. INTRODUCTION
- II. AGREEMENT ON THE APPLICATION OF SANITARY ANDPHYTOSANITARY MEASURES
- III. THE CARTAGENA BIOSAFETY PROTOCOL
- IV. EVALUATION AND SYNTHESIS
- V. CONCLUSION
- 3. International Trade in Genetically Modified Organisms and Multilateral Negotiations: A New Dilemma for Developing Countries
- I. PROLOGUE
- II. BIOTECHNOLOGY: RISKS AND OPPORTUNITIES
- III. THE MARKET FOR GMOS
- IV. THE PRESENT REGULATORY FRAMEWORK: SELECTED COUNTRIES
- V. THE MULTILATERAL SOLUTIONS
- VI. THE PRECAUTIONARY PRINCIPLE
- VII. CONCLUSIONS
- 4. Biosafety and Intellectual Property Rights: Balancing Trade and Environmental Security - The Jurisprudence of the European Patent Office as a Paradigm of an International Public Policy Issue
- I. INTRODUCTION
- II. THE JURISPRUDENCE OF THE EUROPEAN PATENT OFFICE AS A PARADIGM OF TRADE/ENVIRONMENT DISPUTES
- III. ORDRE PUBLIC AND THE EMERGING INTERNATIONAL PUBLIC POLICY
- IV. CONCLUSION
- 5. The Impact of International Trade Law on Environmental Law and Process
- I. INTRODUCTION
- II. SPURRING THE CREATION OF NEW INSTITUTIONAL ARRANGEMENTS
- III. THE STRENGTHENING OF COMMUNICATION PROCESSES AMONG INTERNATIONAL BODIES
- IV. ENHANCED TRANSPARENCY OF NATIONAL ENVIRONMENTAL REGULATIONS: NOTIFICATION REQUIREMENTS
- V. INTERNATIONAL TRADE LAW AS A CATALYST FOR THE ADOPTION OF MULTILATERAL ENVIRONMENTAL AGREEMENTS
- VI. THE SCOPE OF UNILATERAL MEASURES AND ITL: THE CURRENT STATE OF PLAY AFTER THE SHRIMP/TURTLE CASE UNDER GATT LAW
- VII. FURTHER LIMITS TO NATIONAL MEASURES UNDER THE SPS AND TBT AGREEMENTS
- VIII. THE HARMONISATION OF ENVIRONMENTAL PRODUCT STANDARDS AND PPMS: REGULATIONS v. MARKET-BASED MECHANISMS
- IX. THE WTO-DSU AND ITS PRACTICE OF ENFORCEMENT VIS-À-VIS OTHER MEAs DISPUTE SETTLEMENT MECHANISMS
- X. FUTURE CHALLENGES: TRADE IN SERVICES AND OTHER ITEMS CURRENTLY UNDER CONSIDERATION OF THE CTE
- XI. CONCLUSION: THE CAPACITY OF THE ITL SYSTEM TO ACCOMMODATE ENVIRONMENTAL CONCERNS: ACHIEVEMENTS AND PROSPECTS
- 6. The Necessity Principles as an Instrument to Balance Trade and the Protection of the Environment
- I. HOW TO BALANCE TRADE AND THE PROTECTION OF THE ENVIRONMENT?
- II. NECESSITY AS A GENERAL PRINCIPLE OF INTERNATIONAL LAW
- III. THE STATE OF NECESSITY IN PUBLIC INTERNATIONAL LAW
- IV. THE NECESSITY PRINCIPLE IN GATT
- V. THE NECESSITY PRINCIPLE OUTSIDE GATT
- VI. THE NECESSITY PRINCIPLE AS AN INSTRUMENT TO BALANCE TRADE AND PROTECTION OF THE ENVIRONMENT
- 7. Technology Transfer and the Protection of the Environment
- I. INTRODUCTION
- II. THE GAP BETWEEN GOOD PROPOSITIONS OF INTERNATIONAL LAW REGARDING EST AND THE ACTUAL IMPLEMENTATION OF THESE PROPOSITIONS: DID SOMETHING GO WRONG?
- III. HIGHLIGHTING THE SPECIFIC FEATURES OF TECHNOLOGY TRANSFER IN EVALUATING PROBLEMS AND PERSPECTIVES IN PROMOTING EST AT INTERNATIONAL LEVEL
- IV. TRANSFER OF HAZARDOUS TECHNOLOGY AND FOREIGN INVESTMENTS IN ENVIRONMENTALLY SENSITIVE SECTORS
- V. LOCAL WORKING REQUIREMENTS AND COMPULSORY LICENSING
- IV. THE NEED TO ADDRESS THE ULTIMATE "OWNERSHIP" OF TECHNOLOGY TO ALLOCATE PROPERTY RIGHTS EQUALLY BETWEEN POOR AND RICH COUNTRIES: THE ISSUE OF PATENTING BIOLOGICAL DIVERSITY
- VII. TECHNOLOGY TRANSFER AS A "SIDE-EFFECT" OF PUBLIC-SPONSORED FDI
- VIII. CONCLUSION
- 8. A Perspective on Trade and Labour Rights
- I. INTRODUCTION
- II. A BRIEF HISTORY
- III. HOW FAR IS THERE A CONFLICT BETWEEN TRADE LIBERALISATION AND LABOUR RIGHTS?
- IV. WHERE THERE IS A CONFLICT, HOW SHOULD WE RESPOND?
- V. ALTERNATIVES TO THE CURRENT APPROACHES
- VI. SOME CONCLUDING THOUGHTS
- 9. Human Rights Sanctions and the World Trade Organisation
- I. INTRODUCTION
- II. DEFINING INTERNATIONAL HUMAN AND LABOUR RIGHTS
- III. US TRADE SANCTIONS AND PRACTICE
- IV. THE GATT/WTO SYSTEM
- V. RECONCILING FREE TRADE WITH THE HUMAN RIGHTS REGIME
- VI. CONCLUSION
- 10. Which Intellectual Property Rights are Trade-Related?
- I. INTRODUCTION
- II. ARTICLE 7
- III. ALTERNATIVE JUSTIFICATIONS FOR THE INCLUSION OF RIGHTS IN TRIPS
- IV. CONCLUSION
- 11. International Trade and Child Labour Standards
- I. INTERNATIONAL TRADE AND HUMAN RIGHTS: WHAT KIND OF INTERACTION?
- II. CHILD LABOUR STANDARDS AND THEIR PLACE IN INTERNATIONAL LAW
- III. LEGAL CONSEQUENCES: CAN STATES PARTIES SUSPEND GATT TO PROTECTCHILDREN AGAINST THE WORST FORMS OF LABOUR?
- IV. CONCLUSIONS: THE SANCTITY OF THE PROTECTION OF CHILDREN AND THENEED TO LIMIT STATES' UNILATERALISM
- 12. The Interplay Between Trade and the Environment Within the NAFTA Framework
- I. THE RULES ON REGIONAL TRADE: BUILDING ON THE GATT MODEL
- II. THE RULES ON INVESTMENT: CREATING PRIVATE REMEDIES FOR NAFTA INVESTORS
- III. THE ENVIRONMENTAL SIDE AGREEMENT: THE PROBLEM OF EFFECTIVE ENFORCEMENT
- IV. CONCLUSIONS
- Index
