The World Trade Organization And Human Rights

Interdisciplinary Perspectives

Sarah Joseph , David Kinley , Jeff Waincymer

Edited by Sarah Joseph, Professor of Human Rights Law and Director, Castan Centre for Human Rights Law, Monash University, Australia, David Kinley, Professor of Human Rights Law, University of Sydney, Australia and Jeff Waincymer, Professor of Law, Monash University, Australia

2009 400 pp Hardback 978 1 84720 661 9

ebook isbn 978 1 78195 304 4

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Description
‘The authors of this unique publication should be commended for providing a comprehensive interdisciplinary analysis of the new trade and human rights debate. Their most notable achievement is their capacity to clearly demarcate the main parameters of all the legal, social, human and economic dimensions of the interaction between trade liberalisation and the protection of human rights. Avant-guardiste and now fully aware of today’s crises, the authors greatly assist readers in understanding the role that not only the WTO in particular, but also market opening and trade disciplines in general, play in the pursuit of enhanced human rights.’
– Gabrielle Marceau, World Trade Organization, Counsellor, Cabinet of the Director-General Pascal Lamy and University of Geneva, Switzerland

Contents
Contributors: P. Bardhan, G. Chichilnisky, P. Emerton, C.E. Foster, R. Howse, S. Joseph, D. Kinley, A.T.F. Lang, S. Majlessi, O. Murray, H. Nguyen, E.-U. Petersmann, H. Ruiz Fabri, K.C. Shadlen, R.G. Teitel, C. Thomas, J. Waincymer

Further information

‘The book. . . is another example of a groundbreaking publication on this subject. It brings together a broad array of commentators from very different backgrounds. . . This book offers a wealth of ideas and material for the further deepening of this research agenda. It can be said without doubt that anybody who wants to participate in this discussion in the future in an informed way will have to have consulted this book.’
– Peter Hilpold, Archiv des Volkerrechts

‘This collection offers a timely and important analysis of some of the key controversies surrounding the WTO. The editors are to be particularly commended for bringing together scholars from a wide range of disciplines to shed new light on the subject of trade and human rights. Several of the chapters are likely to become classics in the field, and the volume in its entirety should be of great relevance to scholars and practitioners working in this challenging area. I can recommend it highly.’
– Amrita Narlikar, University of Cambridge, UK

‘The authors of this unique publication should be commended for providing a comprehensive interdisciplinary analysis of the new trade and human rights debate. Their most notable achievement is their capacity to clearly demarcate the main parameters of all the legal, social, human and economic dimensions of the interaction between trade liberalisation and the protection of human rights. Avant-guardiste and now fully aware of today’s crises, the authors greatly assist readers in understanding the role that not only the WTO in particular, but also market opening and trade disciplines in general, play in the pursuit of enhanced human rights.’
– Gabrielle Marceau, World Trade Organization, Counsellor, Cabinet of the Director-General Pascal Lamy and University of Geneva, Switzerland

This collection of essays from leading academics examines the connection between the World Trade Organization (WTO) and human rights issues, a topic which has provoked significant debate, particularly in the decade since the collapsed WTO talks in Seattle in 1999.

The editors argue that a true appreciation of the salient issues requires consideration of disciplines beyond the law, such as economics, political science and philosophy. This book builds on previous trade/human rights projects by adding that interdisciplinary dimension.

Bringing together trade scholars and human rights scholars from legal and interdisciplinary perspectives, The World Trade Organization and Human Rights will be an invaluable research tool for international scholars in human rights and trade, NGOs in the development sector and human rights, trade organizations and trade practitioners.

Full table of contents

Contents:

Preface

1. The Trade and Human Rights Debate: Introduction to an Interdisciplinary Analysis
Jeff Waincymer

2. Beyond the Divide: The International Covenant on Economic, Social and Political Rights and the World Trade Organization
Robert Howse and Ruti G. Teitel

3. International Trade Law, Human Rights and the Customary International Law Rules on Treaty Interpretation
Ernst-Ulrich Petersmann

4. Globalisation and Human Rights: An Economist’s Perspective
Pranab Bardhan

5. Resources, Rules and International Political Economy: The Politics of Development in the WTO
Kenneth C. Shadlen

6. International Economic Justice: Is a Principled Liberalism Possible?
Patrick Emerton

7. Inter-regime Encounters
Andrew T.F. Lang

8. Games within Fragmentation: The Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Hélène Ruiz Fabri

9. Viet Nam, Human Rights and Trade: Implications of Viet Nam’s Accession to the WTO
David Kinley, Hai Nguyen and Odette Murray

10. The WTO and Labor Rights: Strategies of Linkage
Chantal Thomas

11. Public Opinion and the Interpretation of the World Trade Organisation’s Agreement on Sanitary and Phytosanitary Measures
Caroline E. Foster

12. Democratic Deficit, Participation and the WTO
Sarah Joseph

13. Energy Security, Economic Development and Climate Change: Carbon Markets and the WTO
Graciela Chichilnisky

14. From Realpolitik of International Trade to the Geneva Consensus
Shervin Majlessi

Index

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	Human Rights Law
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