The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-08-12
Genre: Law
ISBN: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Companies, International Trade and Human Rights

Companies, International Trade and Human Rights
Author: Janet Dine
Publisher: Cambridge University Press
Total Pages: 370
Release: 2005-02-24
Genre: Law
ISBN: 1107320496

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Originally published in 2005, this book focuses on the role of corporations within the trading system, and the complex relationships between corporations, nation states and international organisations. The actions and motives that drive corporations are considered as well as the structure of the international trading system. Remedial devices such as Codes of Conduct and Human Rights instruments are assessed for effectiveness. The book seeks reasons for what is a growing understanding that international trading regimes are not meeting objectives found in many international agreements, including both the international trade agreements themselves (WTO, GATT, TRIPS etc.) and human rights instruments. In particular, it is clear that the prevalence and severity of poverty is not being adequately addressed. This work sets out to investigate the role played by companies in this failure in the globalisation of trade to realise its aims, in particular the failure to achieve the minimum of basic rights, the right to food.

Human Rights, Labor Rights, and International Trade

Human Rights, Labor Rights, and International Trade
Author: Lance A. Compa
Publisher: University of Pennsylvania Press
Total Pages: 328
Release: 1996
Genre: Business & Economics
ISBN: 9780812233407

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Human Rights and International Trade

Human Rights and International Trade
Author: Thomas Cottier
Publisher: International Economic Law
Total Pages: 0
Release: 2005
Genre: Business & Economics
ISBN: 9780199285822

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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.

Human Rights, Labor Rights, and International Trade

Human Rights, Labor Rights, and International Trade
Author: Lance A. Compa
Publisher: University of Pennsylvania Press
Total Pages: 324
Release: 2003-08-30
Genre: Business & Economics
ISBN: 9780812218718

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"A significant contribution to current legal, political, and economic discourse on workers in the global economy."—International and Comparative Law Quarterly

Business and Human Rights

Business and Human Rights
Author: Wesley Cragg
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2012-01-01
Genre: Business & Economics
ISBN: 178100577X

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The relationship between business and human rights has emerged in the last two decades as one of the most pressing issues in the field of business ethics. Do corporations have human rights responsibilities? If so, what is that nature of those responsibilities and do they differ in any significant way from those of governments? Is it reasonable or realistic to expect corporations to respect human rights in environments where governments, particularly in the developing and underdeveloped world, need economic development and have a limited capacity and/or interest in enforcing human rights standards and laws? The contributors to this groundbreaking volume take up these questions, examining them from both theoretical and practical perspectives. Topics discussed include the debates leading to the creation of the ISO 26000 standard and the United Nations human rights framework for business entities, as well as the nature and limits of the human rights responsibilities of business, the roles and responsibilities of international trade bodies like the World Trade Organization in protecting human rights, and the implications of the current debate for international trade agreements and trade with China. The contributors also explore the effectiveness of voluntary human rights standards in the textile and clothing trade, mining, advertising and the pharmaceutical industry. Scholars and students in management, philosophy, political science, sociology and law will find this volume a great resource, as will activists, managers and policy makers.

Forced to Be Good

Forced to Be Good
Author: Emilie M. Hafner-Burton
Publisher: Cornell University Press
Total Pages: 235
Release: 2011-02-23
Genre: Political Science
ISBN: 0801457467

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Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. In Forced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.

Business and Human Rights

Business and Human Rights
Author: Nadia Bernaz
Publisher: Taylor & Francis
Total Pages: 326
Release: 2016-10-04
Genre: Business & Economics
ISBN: 1317233859

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Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

The Human Rights Impact of the World Trade Organisation

The Human Rights Impact of the World Trade Organisation
Author: James Harrison
Publisher: Bloomsbury Publishing
Total Pages: 292
Release: 2007-07-31
Genre: Law
ISBN: 1847313744

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This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

The Cambridge Companion to Business and Human Rights Law

The Cambridge Companion to Business and Human Rights Law
Author: Ilias Bantekas
Publisher: Cambridge University Press
Total Pages: 683
Release: 2021-09-09
Genre: Business & Economics
ISBN: 1108830374

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An innovative textbook setting out a systematic approach to business and human rights.