Just Trade: A New Covenant Linking Trade and Human Rights
416
Just Trade: A New Covenant Linking Trade and Human Rights
416Paperback
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Overview
It is generally assumed that pro-trade laws are not good for human rights, and legislation that protects human rights hampers vibrant international trade. In a bold departure from this canon, Just Trade makes a case for reaching a middleground between these two fields, acknowledging their coexistence and the significant points at which they overlap. Using actual examples from many of the thirty-five nations of the Western Hemisphere, the authors—one a human rights scholar and the other a trade law expert—carefully combine their knowledge to examine human rights policies throughout the world, never overlooking the very real human rights problems that arise from international trade. However, instead of viewing the two kinds of law as isolated, polar, and sometimes hostile opposites, Berta Esperanza Hernández-Truyol and Stephen J. Powell make powerful suggestions for how these intersections may be navigated to promote an international marketplace that embraces both liberal trade and liberal protection of human rights.
Product Details
| ISBN-13: | 9780814785799 |
|---|---|
| Publisher: | New York University Press |
| Publication date: | 09/17/2012 |
| Pages: | 416 |
| Product dimensions: | 6.00(w) x 9.00(h) x 0.70(d) |
About the Author
Stephen Joseph Powell is senior lecturer in law and director of the International Trade Law Program at Levin College of Law, University of Florida. Prior to his arrival at UF, he implemented U.S. trade laws as chief counsel for import administration at the U.S. Department of Commerce.
Table of Contents
Acknowledgments xiii
Acronyms xv
Getting Started: A General Introduction 1
Nature of the Intersections 2
Human Rights Criticism of Trade Rules 4
Origin of This Volume 7
1 Global Concepts: International Law Primer 13
1.1 Overview 13
1.2 International Law and International Law-Making: General Concepts 13
1.3 International Law-Making: Specific Provisions 18
1.4 International Law as U.S. Law 20
2 Pillars and Escape Hatches: Basic Concepts of International Trade Law in the Americas 26
2.1 Overview of the GATT and WTO 26
2.2 Economic Underpinnings: Comparative Advantage 27
2.3 Four Pillars of GATT 30
2.4 Exceptions to the Pillars 36
2.5 WTO Dispute Settlement 39
2.6 Trade in the Americas 41
3 Global Laws, Local Lives: Basic Concepts and Legal Regimes of Human Rights Law in the Americas 49
3.1 Introduction 49
3.2 Theoretical Underpinnings of Human Rights Law 50
3.3 Origins of International Human Rights Law: General Concepts 52
3.4 Modern Human Rights Developments 55
3.5 Classification of Specific Human Rights 58
3.6 Human Rights and Trade 61
4 Splendid Isolations Progeny: The Intersections of Trade and Human Rights 62
4.1 Central Dilemma: Lack of Purposeful Correlation 62
4.2 Philosophical and Structural Divides 62
4.3 Legal Hierarchy of Trade and Human Rights Norms 66
4.4 Indispensable Role of Government 73
5 Who Belongs, Who Rules: Citizenship-Voice and Participation in the Global Marketplace 75
5.1 Overview 75
5.2 Human Rights Framework 75
5.3 Citizenship in a Globalized World 77
5.4 Transnationalization of the Individual 79
5.5 The Transnational Corporation and the Rise of Economic Citizenship 83
5.6 Final Thoughts 84
6 Ecosystem Degradation and Economic Growth: Trades Unexploited Power to Improve Our Environment 86
6.1 Overview 86
6.2 Human Rights Framework 86
6.3 International Trade Framework 88
6.4 Processes or Production Methods (PPMs) 89
6.5 GATT's Public Health and Welfare Clause 94
6.6 Harmonization of Product Standards: TBT Agreement 103
6.7 From Rio to Johannesburg: Sustainable Development Sues for Peace with Trade Rules 108
6.8 Natural Capitalism and the Equator Principles 110
6.9 Final Thoughts 112
7 Not Just a Question of Capital: Health and Human Weil-Being 114
7.1 Overview 114
7.2 Human Rights Framework 114
7.3 International Trade Framework 115
7.4 SPS Agreement 116
7.5 Cartagena Protocol on Biosafety 123
7.6 Using the WTO and Biosafety Protocols Health Provisions for Human Rights Ends 129
7.7 Health in the Americas and WTO's TRIPS Agreement 130
7.8 Colorism and Health in the Americas 133
7.9 GATT's General Exceptions and the Right to Health 134
7.10 Final Thoughts 135
8 Exploitation or Progress? Terms and Conditions of Labor 136
8.1 Overview 136
8.2 Human Rights Framework 136
8.3 International Trade Framework 142
8.4 How May GATT's General Exceptions Heighten Labor Rights Compliance? 143
8.5 Relevance of the TBT Agreement 149
8.6 Trade and Labor in the Americas 150
8.7 Trade and Immigration 156
8.8 Colorism and Labor Rights 160
8.9 Role of Corporate Governance 162
8.10 Soft Landings: Retraining Assistance 167
8.11 Final Thoughts 168
9 Human Bondage: Trafficking 170
9.1 Overview 170
9.2 Human Rights Framework 170
9.3 International Trade Framework 173
9.4 The Reality of Trafficking 175
9.5 The Ubiquity of Trafficking 180
9.6 The Faces of Trafficking 183
9.7 Final Thoughts 186
10 Bebel Redux: The Woman Question 192
10.1 Overview 192
10.2 Human Rights Framework 193
10.3 International Trade Framework 194
10.4 The Woman Question 198
10.5 Women and Culture in the Americas 200
10.6 Women and Work 201
10.7 Final Thoughts 203
11 First Peoples First: Indigenous Populations 206
11.1 Overview 206
11.2 Human Rights Framework 206
11.3 International Trade Framework 211
11.4 Enter WTO's TRIPS Agreement: From Bad to Worse? 213
11.5 Role of TRIPS in the Abuse of Traditional Knowledge 216
11.6 Convention on Biological Diversity to the Rescue 220
11.7 Trade Causes Overuse of Resources on Which Indigenous Peoples Rely 223
11.8 Modernization: Not Always the Best Approach 225
11.9 Efforts to Bridge the Divide 226
11.10 Final Thoughts 229
12 From Excess to Despair: The Persistence of Poverty 231
12.1 Overview 231
12.2 Human Rights Framework 231
12.3 International Trade Framework 234
12.4 The Reality of Poverty 235
12.5 Agricultural Reform Integral to Reducing Poverty 241
12.6 Poverty and Immigration 247
12.7 Final Thoughts: Changing Paradigms 248
13 Freedom from Famine and Fear: Democracy 250
13.1 Overview 250
13.2 Human Rights Framework 251
13.3 International Trade Framework 253
13.4 Democracy, Trade, and Human Rights 254
13.5 Final Thoughts 259
14 Imperial Rules: Economic Sanctions 261
14.1 Overview 261
14.2 Human Rights Framework 262
14.3 International Trade Framework 263
14.4 Judging Economic Sanctions 264
14.5 Human Rights Impact of Economic Sanctions 265
14.6 Conundrum of Cuba 267
14.7 Final Thoughts: Value of Economic Sanctions 273
15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship 275
15.1 Overview 275
15.2 Human Rights Approach to Trade, Trade Approach to Human Rights 277
15.3 Small Steps: Ending Trades Splendid Isolation from Human Rights 281
15.4 Reparations for Human Rights Violations 286
15.5 Mr. Ricardo, Meet the 21st Century 294
15.6 Linking Trade and Human Rights in the Americas 296
15.7 Afterword 297
Notes 299
Index 367
About the Authors 391
What People are Saying About This
“This work is an ambitious attempt to redefine the relationship between international trade law and the legal and moral principles of international human rights. . .an impressive book that constructs a noteworthy case regarding how trade and human rights law can be reconstituted so that they are largely coterminous and mutually supportive.”
-CHOICE
,
"The authors intend the book to be a catalyst for discussion and development of policy coherence in these two areas [trade rules and human rights]. They should be applauded for an ambitious, even courageous, foray into this minefield and for a carefully developed, thought-provoking presentation... As a labor rights practitioner, I found a number of these ideas thought-provoking."-Industrial and Labor Relations Review,
"Although highly developed international regimes promoting free trade and advancing human rights are often mischaracterized as mutually incompatible, this excellent study clearly demonstrates their common normative and institutional foundations as well as the complementarity of their respective purposes. In its convincing argument, Just Trade invites us to celebrate and utilize the capacity of free trade and human rights to advance a common agenda."
-Thomas Franck,co-author of Law and Practice of the United Nations
"Hernandez-Truyol's and Powell's collective expertise has yielded a highly readable effort designed to end the trade regime's 'splendid isolation' from the rest of international law, and especially human rights law. Their text, intended for classroom use, will do much to lessen the unfortunate disconnect between these legal sub-specialities. Theirs is not an idealistic diatribe against the WTO but an honest attempt to marry the undeniable legitimacy of the human rights ideal with the equally undeniable economic benefits of using the law to advance states' comparative advantage. The authors' manifold (and sometimes surprising) examples of the connections between the trade and human rights 'borderlands' yield prescriptions for a more humane and sustainable form of trade liberalization."
-Jose Alvarez,author of International Organizations as Law-makers
"Professors Powell and Hernandez-Truyol have proposed an ambitious effort to bridge longstanding differences between the business and human rights communities by incorporating human rights and environmental obligations in trade agreements. Their book offers a multitude of new ideas on how a middle ground could be achieved, reflecting the authors' understanding of trade agreements and the challenges of harnessing trade's worldwide power for the advancement of human rights. Whatever one's views on the feasibility of a ‘new covenant' linking trade and human rights, there is always value in a comprehensive, in-depth discussion of the issues involved. And one cannot help but be impressed by the authors' passionate commitment to constructing a new path forward and their understanding of international law."
-Warren H. Maruyama,Partner, Hogan & Hartson LLP (formerly General Counsel, US Trade Representative 2007-2009)