Balancing Human Rights, Environmental Protection and International Trade

Balancing Human Rights, Environmental Protection and International Trade
Author: Emily Reid
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2015-02-26
Genre: Law
ISBN: 1782252517

Download Balancing Human Rights, Environmental Protection and International Trade Book in PDF, Epub and Kindle

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.

Environment, Human Rights and International Trade

Environment, Human Rights and International Trade
Author: Francesco Francioni
Publisher:
Total Pages: 361
Release: 2001
Genre: Environmental law, International
ISBN: 9781472562395

Download Environment, Human Rights and International Trade Book in PDF, Epub and Kindle

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 ri.

Balancing Human Rights, Environmental Protection and International Trade

Balancing Human Rights, Environmental Protection and International Trade
Author: Emily Reid
Publisher: Bloomsbury Publishing
Total Pages: 462
Release: 2015-02-26
Genre: Law
ISBN: 1782252525

Download Balancing Human Rights, Environmental Protection and International Trade Book in PDF, Epub and Kindle

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.

Foreign Investment, Human Rights and the Environment

Foreign Investment, Human Rights and the Environment
Author: Shyami Puvimanasinghe
Publisher: BRILL
Total Pages: 320
Release: 2007-06-30
Genre: Law
ISBN: 9047419979

Download Foreign Investment, Human Rights and the Environment Book in PDF, Epub and Kindle

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.

Balancing International Trade with Environmental Protection

Balancing International Trade with Environmental Protection
Author: Professor Surya P. Subedi
Publisher:
Total Pages:
Release: 2015
Genre:
ISBN:

Download Balancing International Trade with Environmental Protection Book in PDF, Epub and Kindle

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.

Local Engagement with International Economic Law and Human Rights

Local Engagement with International Economic Law and Human Rights
Author: Ljiljana Biukovic
Publisher: Edward Elgar Publishing
Total Pages: 301
Release: 2017-05-26
Genre: Law
ISBN: 1785367196

Download Local Engagement with International Economic Law and Human Rights Book in PDF, Epub and Kindle

Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.

Law and Development

Law and Development
Author: Piotr Szwedo
Publisher: Springer Nature
Total Pages: 255
Release: 2019-09-14
Genre: Business & Economics
ISBN: 9811394237

Download Law and Development Book in PDF, Epub and Kindle

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.

Guiding Principles on Business and Human Rights

Guiding Principles on Business and Human Rights
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
Total Pages: 0
Release: 2011
Genre: Political Science
ISBN: 9789211542011

Download Guiding Principles on Business and Human Rights Book in PDF, Epub and Kindle

"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.

Freer Trade, Protected Environment

Freer Trade, Protected Environment
Author: Carlisle Ford Runge
Publisher: Council on Foreign Relations
Total Pages: 164
Release: 1994
Genre: Business & Economics
ISBN:

Download Freer Trade, Protected Environment Book in PDF, Epub and Kindle

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.

International Food Law

International Food Law
Author: Cinzia Caporale
Publisher: Kluwer Law International B.V.
Total Pages: 511
Release: 2021-05-21
Genre: Law
ISBN: 940351812X

Download International Food Law Book in PDF, Epub and Kindle

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.