Author: Thomas Cottier
Publisher: International Economic Law
ISBN: 9780199285822
Category : Business & Economics
Languages : en
Pages : 0
Book Description
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 and International Trade
Author: Thomas Cottier
Publisher: International Economic Law
ISBN: 9780199285822
Category : Business & Economics
Languages : en
Pages : 0
Book Description
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.
Publisher: International Economic Law
ISBN: 9780199285822
Category : Business & Economics
Languages : en
Pages : 0
Book Description
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
Author: Lance A. Compa
Publisher: University of Pennsylvania Press
ISBN: 9780812233407
Category : Business & Economics
Languages : en
Pages : 328
Book Description
Contents:.
Publisher: University of Pennsylvania Press
ISBN: 9780812233407
Category : Business & Economics
Languages : en
Pages : 328
Book Description
Contents:.
Health, Trade and Human Rights
Author: Theodore H. MacDonald
Publisher: CRC Press
ISBN: 1315347482
Category : Medical
Languages : en
Pages : 212
Book Description
This work contains forewords by Desmond M. Tutu, Archbishop Emeritus, Cape Town, South Africa and Mogobe Ramose, Chairperson and Professor of Philosophy, Department of Philosophy, University of South Africa. "Health, Trade and Human Rights" shows how a policy of 'free' rather than 'fair' trade increasingly undermines Third World health. It clearly illustrates how the looming environmental crisis combined with growing levels of health inequity will have adverse effects and details precisely how the 'basic human rights' enshrined in the UN Charter have gradually become subsidiary to the dictates of free trade, enforced by the World Trade Organisation. This groundbreaking new book argues the need for impartial, data-based, and transnational arbitration of equity in health and other human rights - and suggests how this might be accomplished without violence to national rights, with an emphasis on 'regional free trade'. "Health, Trade and Human Rights" provides vital, thought provoking information for general readers with an interest in the Third World and social welfare. Academics and students studying development, international studies and public health will find it invaluable, as will healthcare professionals, international healthcare organisations, care agencies, and international charities. Policy makers and shapers in communities and government will find the content revelatory as will political activists and those with an interest in equality and globalisation. '[The book] criticises the basis, the method and the extent to which the politics of wealth continues to undermine and violate the right of the poor to good health. The combination of experience with scientific rigour is presented in accessible everyday language. It is seductive; inviting the curiosity of the reader to last until the very end of the book. MacDonald's message is clear and unambiguous: war is no longer the father of all things. Instead, justice is the mother of all peace.' - Mogobe Ramose, in his Foreword. 'Astonishingly accessible, informing and inspiring. Statistically sound, penetratingly. accurate, admirably balanced. Theodore MacDonald writes with passion, as well as with sense. Much of what he has to say is drawn from his own experience working as a medical doctor and a mathematician in a broad range of the world's poorest nations. But overarching that is a powerful insight into social and economic issues, along with well-honed skills as a communicator. I am pleased to recommend this splendid book.' - Desmond M. Tutu, in his Foreword.
Publisher: CRC Press
ISBN: 1315347482
Category : Medical
Languages : en
Pages : 212
Book Description
This work contains forewords by Desmond M. Tutu, Archbishop Emeritus, Cape Town, South Africa and Mogobe Ramose, Chairperson and Professor of Philosophy, Department of Philosophy, University of South Africa. "Health, Trade and Human Rights" shows how a policy of 'free' rather than 'fair' trade increasingly undermines Third World health. It clearly illustrates how the looming environmental crisis combined with growing levels of health inequity will have adverse effects and details precisely how the 'basic human rights' enshrined in the UN Charter have gradually become subsidiary to the dictates of free trade, enforced by the World Trade Organisation. This groundbreaking new book argues the need for impartial, data-based, and transnational arbitration of equity in health and other human rights - and suggests how this might be accomplished without violence to national rights, with an emphasis on 'regional free trade'. "Health, Trade and Human Rights" provides vital, thought provoking information for general readers with an interest in the Third World and social welfare. Academics and students studying development, international studies and public health will find it invaluable, as will healthcare professionals, international healthcare organisations, care agencies, and international charities. Policy makers and shapers in communities and government will find the content revelatory as will political activists and those with an interest in equality and globalisation. '[The book] criticises the basis, the method and the extent to which the politics of wealth continues to undermine and violate the right of the poor to good health. The combination of experience with scientific rigour is presented in accessible everyday language. It is seductive; inviting the curiosity of the reader to last until the very end of the book. MacDonald's message is clear and unambiguous: war is no longer the father of all things. Instead, justice is the mother of all peace.' - Mogobe Ramose, in his Foreword. 'Astonishingly accessible, informing and inspiring. Statistically sound, penetratingly. accurate, admirably balanced. Theodore MacDonald writes with passion, as well as with sense. Much of what he has to say is drawn from his own experience working as a medical doctor and a mathematician in a broad range of the world's poorest nations. But overarching that is a powerful insight into social and economic issues, along with well-honed skills as a communicator. I am pleased to recommend this splendid book.' - Desmond M. Tutu, in his Foreword.
Foundations of Global Health & Human Rights
Author: Lawrence Ogalthorpe Gostin
Publisher:
ISBN: 0197528295
Category : Law
Languages : en
Pages : 489
Book Description
Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety. Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.
Publisher:
ISBN: 0197528295
Category : Law
Languages : en
Pages : 489
Book Description
Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety. Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.
Forced to Be Good
Author: Emilie M. Hafner-Burton
Publisher: Cornell University Press
ISBN: 0801457467
Category : Political Science
Languages : en
Pages : 235
Book Description
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.
Publisher: Cornell University Press
ISBN: 0801457467
Category : Political Science
Languages : en
Pages : 235
Book Description
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.
Blame it on the WTO?
Author: Sarah Joseph
Publisher: Oxford University Press
ISBN: 0199565899
Category : Business & Economics
Languages : en
Pages : 362
Book Description
The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.
Publisher: Oxford University Press
ISBN: 0199565899
Category : Business & Economics
Languages : en
Pages : 362
Book Description
The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.
The Human Right to Health (Norton Global Ethics Series)
Author: Jonathan Wolff
Publisher: W. W. Norton & Company
ISBN: 0393083292
Category : Political Science
Languages : en
Pages : 171
Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Publisher: W. W. Norton & Company
ISBN: 0393083292
Category : Political Science
Languages : en
Pages : 171
Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280523082
Category : Law
Languages : en
Pages : 259
Book Description
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Publisher: WIPO
ISBN: 9280523082
Category : Law
Languages : en
Pages : 259
Book Description
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Of Medicines and Markets
Author: Angelina Godoy
Publisher: Stanford University Press
ISBN: 9780804785617
Category : Social Science
Languages : en
Pages : 0
Book Description
Central American countries have long defined health as a human right. But in recent years regional trade agreements have ushered in aggressive intellectual property reforms, undermining this conception. Questions of IP and health provisions are pivotal to both human rights advocacy and "free" trade policy, and as this book chronicles, complex political battles have developed across the region. Looking at events in Costa Rica, El Salvador, and Guatemala, Angelina Godoy argues that human rights advocates need to approach intellectual property law as more than simply a roster of regulations. IP represents the cutting edge of a global tendency to value all things in market terms: Life forms—from plants to human genetic sequences—are rendered commodities, and substances necessary to sustain life—medicines—are restricted to insure corporate profits. If we argue only over the terms of IP protection without confronting the underlying logic governing our trade agreements, then human rights advocates will lose even when they win.
Publisher: Stanford University Press
ISBN: 9780804785617
Category : Social Science
Languages : en
Pages : 0
Book Description
Central American countries have long defined health as a human right. But in recent years regional trade agreements have ushered in aggressive intellectual property reforms, undermining this conception. Questions of IP and health provisions are pivotal to both human rights advocacy and "free" trade policy, and as this book chronicles, complex political battles have developed across the region. Looking at events in Costa Rica, El Salvador, and Guatemala, Angelina Godoy argues that human rights advocates need to approach intellectual property law as more than simply a roster of regulations. IP represents the cutting edge of a global tendency to value all things in market terms: Life forms—from plants to human genetic sequences—are rendered commodities, and substances necessary to sustain life—medicines—are restricted to insure corporate profits. If we argue only over the terms of IP protection without confronting the underlying logic governing our trade agreements, then human rights advocates will lose even when they win.
Human Rights in Global Health
Author: Benjamin Mason Meier
Publisher: Oxford University Press
ISBN: 0190672706
Category : Law
Languages : en
Pages : 617
Book Description
Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
Publisher: Oxford University Press
ISBN: 0190672706
Category : Law
Languages : en
Pages : 617
Book Description
Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.