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E-raamat: Environment, Human Rights and International Trade [Hart e-raamatud]

  • Formaat: 392 pages
  • Ilmumisaeg: 13-Jul-2001
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847312396
  • Hart e-raamatud
  • Hind: 104,98 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Formaat: 392 pages
  • Ilmumisaeg: 13-Jul-2001
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781847312396
Images of tear-gas filled streets during the 1999 WTO meeting in Seattle woke the world up to the fact that there was a major controversy brewing about the legitimacy of the ability of the organization and sister institutions to trump nationally enacted laws protecting the environment and human rights in the name of free trade. Francioni (law, U. of Siena) presents the contributions of 12 academics from the field of international law who, on the whole, recognize that the complaints of protestors are legitimate and real and recommend some specific policy and legal changes in the structures of the international financial institutions and in free trade treaties between countries. The articles separately focus on genetically modified organisms, intellectual property rights, environmental law, technology transfer, labor rights, human rights sanctions, child labor, and the impact of NAFTA on the environment. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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 consequence 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 rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions, including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labor rights, child labor standards, the EU and WTO, and many other topics.
List of Contributors ix Table of Cases xi Table of Legislation xv Table of Abbreviations xxvii Environment, Human Rights and the Limits of Free Trade 1(26) Francesco Francioni International Trade in Living Modified Organisms 27(12) Thomas J. Schoenbaum International Trade in Genetically Modified Organisms and Multilateral Negotiations: a New Dilemma for Developing Countries 39(48) Simonetta Zarrilli Biosafety and Intellectual Property Rights: Balancing Trade and Environment Security---The Jurisprudence of the European Patent Office as a Paradigm of an International Public Policy Issue 87(18) Riccardo Pavoni The Impact of International Trade Law on Environmental Law and Process 105(30) Andrea Bianchi The Necessity Principle as an Instrument to Balance Trade and the Protection of the Environment 135(22) Massimiliano Montini Technology Transfer and the Protection of the Environment 157(22) Francesco Munari A Perspective on Trade and Labour Rights 179(20) Christopher Mccrudden Anne Davies Human Rights Sanctions and the World Trade Organisation 199(64) Sarah H. Cleveland Which Intellectual Property Rights are Trade-Related? 263(24) Michael Spence International Trade and Child Labour Standards 287(26) Federico Lenzerini The Interplay Between Trade and the Environment Within the NAFTA Framework 313(12) Patricia Isela Hansen Index 325
Francesco Francioni is Professor of Law at the European University Institute.