International Economic Law with a Human Face.
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TeilnehmendeR: | |
Place / Publishing House: | Boston : : BRILL,, 1998. ©1998. |
Year of Publication: | 1998 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (606 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Preface
- Table of Contents
- List of Authors
- Acknowledgements
- List of Abbreviations
- International economic law with a human face: An introductory review
- 1. About the book
- 2. International social critique of state practice
- 3. The structure of 'economic law with a human face'
- 3.1 Towards a new human and economic order
- 3.2 Trade, environmental protection and resource management
- 3.3 Investment and finance
- 4. Globalization of good governance and civil society
- 4.1 Definition of (good) governance
- 4.2 Definition of civil society
- 5. Globalization for the benefit of all
- PART I TOWARDS A NEW HUMAN AND ECONOMIC ORDER
- Chapter 1: The legal context: concepts, principles, standards and and institutions
- 1. Problems of environmental discipline
- 2. Sustainable development
- 3. General principles
- 4. Standards and institutions
- 5. Financing performance of developing-country undertakings
- 6. Tasks ahead
- Chapter 2: The erosion of state authority and its implications for equitable development
- 1. Declining state authority
- 2. The global market economy and its effect on state authority
- 3. The impact of international economic regimes
- 4. Transnational civil society
- 5. Micro-nationalism and localism
- 6. Failed states and illegal regimes
- 7. Is the state withering away? Should it?
- Chapter 3: Globalization and the future role of sovereign states
- 1. Historical perspective
- 2. The meaning of 'globalization'
- 3. The role of states in the global economy
- 4. Some idealistic views on the effects of globalization on the role of the state
- 5. Conclusions
- Chapter 4: Emerging state practice of democratic government with special reference to the Commonwealth and South Asia
- 1. Introduction.
- 2. Promotion of democracy, good governance and human rights
- 2.1 The Harare Declaration: the case for updating or amplification
- 2.2 The Harare declaration: implementation mechanisms
- 2.2.1 Support of processes and institutions
- 2.2.2 Response to violations
- 2.2.3 Implementation of measures
- 3. The 'Gandhi' Agenda for the worldwide promotion of human rights
- 3.1 Promoting participatory decision-making
- 3.2 Securing free elections
- 3.3 Interlinking peace, security and development
- 3.4 Upholding freedom of information
- 4. The emerging right to democratic government
- Chapter 5: Internationally recognized labour standards and trade
- 1. Introduction and Background
- 1.1 Preliminary remarks
- 1.2 Themes and issues
- 1.3 Terminology : 'International' v. 'Fair' labour standards
- 1.4 From Marrakesh to Singapore
- 2. Evolution of the link between trade and labour rights
- 2.1. From integrated to segregated standards and back
- 2.2 The impact of globalization
- 2.3 The 'link': ILO, GATT and unilateral state practice
- 3. The changing framework
- 3.1 Integrating separate concerns
- 3.2 Historical antecedents
- 3.2.1 From linkage to 'social policy conditionality'
- 3.2.2 The ITO connection
- 3.3 Labour in GATT practice
- 3.3.1 Proposals by contracting parties
- 3.3.2 U.S. request for a Working Party
- 3.3.3 Deliberations in GATT Councils
- 4. GATT Panel Practice
- 4.1 Adjudication without law?
- 4.2 Protection of domestic labour
- 4.3 Protection of foreign labour
- 4.3.1 Potential legal bases in GATT/WTO law
- 4.3.2 Implications of the 'Gasoline' Rulings
- 5. Standard Setting
- 5.1 Merits and demerits of the incorporation of standards
- 5.2 Selection of standards for a 'Social Clause'
- 5.3 Supervision of compliance
- 6. Concluding remarks.
- Chapter 6: Quality of life at the mercy of WTO Panels: GATT's Article XX an empty shell?
- 1. Human rights in international trade
- 2. People(s) at the centre of development
- 3. Commitments of the Social Summit
- 4. Linking economic growth to human development
- 4.1 Human development agencies
- 4.1.1 FAO/IFAD
- 4.1.2 WHO
- 4.1.3 UNESCO
- 4.1.4 ILO
- 4.2 Economic growth agendes
- 4.2.1 WMO
- 4.2.2 IMF/World Bank
- 4.2.3 UNCTAD/UNIDO
- 4.2.4 WTO/WIPO
- 5. GATT's general exception clause
- 5.1 Protection of human life and health
- 5.2 WTO conservation of natural resources
- 6. Disputes on trade and (human) environment
- 6.1 Disputes on multilateral environmental agreements
- 6.2 Article XX an empty shell?
- Chapter 7: Development partnerships and development research: from advocacy to action/reflections on method
- 1. International law with a human face: a framework of inquiry
- 1.1 Participatory development
- 1.2 The principle of life long learning
- 1.3 New partnership between governments and people
- 2. The structure of development co-operation
- 2.1 The Arusha structure of development policies dialogues
- 2.2 Constitutional orders and scenarios of participatory development
- 2.3 One model of participation of non-state actors/institutions in democratization
- 2.4 The evolution of development theory
- 3. Conclusions
- Chapter 8: International trade and human rights from the perspective of the WTO
- 1. WTO's human rights dimension
- 1.1 Trade-related issues
- 1.2 Non-trade issues
- 2. Legal context
- 2.1 Trade-related norms
- 2.2 Non-trade norms
- 3. The influence of non-trade considerations in the WTO decision making processes
- 4. Conclusions
- PART II TRADE, ENVIRONMENTAL PROTECTION AND RESOURCE MANAGEMENT
- Chapter 9: Rethinking states' rights to promote extra-territorial environmental values.
- 1. Extra-territorial environmental policies
- 2. Empirical background of claims and counterclaims
- 2.1 The protection of tropical forests
- 2.2 The EC eco-labelling scheme
- 2.3 Protection of animal welfare
- 2.4 Protection of endangered species
- 3. Compatibility of extra-environmental policies with general international law
- 3.1 The law of extra-territorial jurisdiction
- 3.2 The shield of sovereignty in WTO-law
- 4. Beyond sovereignty-based barriers to extra-territorial environmental policies: in search of legitimacy
- 4.1 A new effects-doctrine?
- 4.2 The effect of treaties on extra-territorial environmental policies
- 4.3 Extra-territorial environmental policies and affirmative duties
- 5. Conclusions
- Chapter 10: WTO rules supporting environmental protection
- 1. Introduction
- 2. The development of environmental-related activities before the Uruguay Round
- 3. Sustainable development in the WTO
- 3.1 The preamble of the Agreement establishing the WTO
- 3.2 Co-operation with environmental interest groups
- 3.2.1 GATT 1994 - principles and concepts
- 3.2.2 'Like Products' and environmental protection
- 3.3 Environmental exceptions
- 3.3.1 General conditions of Article XX
- 3.3.2 The specifities of Article XX (b): 'The Necessity Test' and domestic accompanying measures
- 3.4 Specific aspects under supplementary agreements
- 3.4.1 Agreement on Technical Barriers to Trade
- 3.4.2 The Agreement on the Application of Sanitary and Phytosanitary Measures
- 3.4.3 The Agreement on Susidies and Countervailing Duties
- 3.4.4 The Agreement on Agriculture
- 3.4.5 The General Agreement on Trade in Services
- 3.4.6 The Agreement on Trade-Related Aspects of Intellectual Property Rights
- 4. Overall perspective.
- Chapter 11: Sustainable development and the 1994 Energy Charter Treaty: between pseudo-action and the management of environmental investment risk
- 1. The call for global regulation
- 2. The 1994 Energy Charter Treaty: a summary
- 3. Article 19 of the Treaty: overall role and structure
- 3.1 Article 19 of the Treaty: Environmental Aspects
- 3.2 Empty declarations, sound policy advice and/or some legal effect?
- 4. Defence against environmental risk of foreign investment
- 4.1 Opposition of non-governmental groups
- 4.2 Association with intellectual and moral themes
- 4.3 Specific types of environmental investment risk
- 5. Managing environment-political risk with the Energy Charter Treaty
- 5.1 Environmentally motivated private actions
- 5.2 Contractual commitments
- 5.3 Non-discrimination and national treatment
- 6. Prudent approach towards environmental regulation
- 6.1 Considerable element of make-believe
- 6.2 Important arsenal of defensive measures
- 6.3 'Treaty with teeth'
- 6.4 Mobilization of the market place
- Chapter 12: Evolution and impact of sustainable development in the European Union
- 1. Introduction
- 2. Environmental policy statements
- 3. The EC Treaty after Maastricht
- 4. Public Participation without legal standing?
- 4.1 Public participation according to the Rio Declaration and Agenda 21
- 4.2 Public participation within the European Union
- 4.2.1 Greenpeace v Commission (Case T-585/93)
- 4.2.2 French nuclear tests (Case T-219/95 R)
- 4.3 Suggestions for improvement
- 5. Principles of EC Environmental Policy and Law
- 6. Conclusions
- Chapter 13: External Relations and the periphery of EU environmental law
- 1. Introduction
- 2. The external environmental competences of the European Union
- 2.1 Autonomous actions
- 2.1.1 Regulations and directives
- 2.1.2 Trade-related environmental measures.
- 2.1.3 Common positions and joint actions.