Tag Archives: world trade organisation

Sovereignty and developing countries: current status and future prospects at the WTO (H. Mahncke)

Author

Hans Mahncke

Keywords

Developing countries, dispute resolution, international law, free trade areas, sovereignty, tariff preferences, World Trade Organisation, human rights, environmental protection

Abstract

Reviews “Redefining Sovereignty in International Economic Law”, 2008, edited by W. Shan, P. Simons and D. Singh, and “WTO Law and Developing Countries”, 2007, edited by G.A. Bermann and P.C. Mavroidis. Discusses both books’ analysis of the competing approaches to sovereignty in international trade, highlighting key features of the Westphalian and post-Westphalian viewpoints. Considers, with reference to free trade areas, the generalised system of preferences and dispute resolution, whether common ground exists in respect of sovereignty within the World Trade Organisation. The paper also asks the question whether trade measures such as import bans or higher tariffs be used on the basis that another country is harming the environment or perpetrating human rights abuses?

Citation

(2009) 22(2) Leiden Journal of International Law, 395-409.

Paper

Sovereignty and developing countries: current status and future prospects at the WTO.

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International trade and labour: a quest for moral legitimacy (Z. Nkowani)

Author

Zolomphi Nkowani.

Keywords

International labour standards; international trade; World Trade Organisation; social and human rights; environment; jurisprudence.

Abstract

Analyses the economic, jurisprudential, social, environmental and human rights arguments for and against a social clause in international trade aimed at ensuring core labour standards. Examines the extent to which labour rights are incorporated into the World Trade Organisation (WTO) instruments and ongoing trade negotiations, and in trade measures outside the WTO system.

Citation

(2009) 8(1) Journal of International Trade Law and Policy, 4-24.

Paper

International trade and labour: a quest for moral legitimacy.

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The WTO’s environmental progress

Author

Steve Charnovitz.

Keywords

Environment; International trade; World Trade Organisation

Abstract

Discusses the link between trade and the environment by giving an overview of key institutional changes at the World Trade Organisation (WTO) and jurisprudence developments related to environmental issues, focusing on the General Agreement on Tariffs and Trade 1994 Art.XX and WTO Appellate Body decisions. Reviews WTO treaty provisions on the environment, organisational developments and the impact of environmental factors on trade negotiations and on preferential trade agreements. Examines the scope and meaning of Art.XX and its application by the WTO Appellate Body.

Citation

(2007) 10(3) Journal of International Economic Law 685-706

Paper

The WTO’s environmental progress

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Food is Different: Why We Must Get the WTO Out of Agriculture (P.M. Rosset)

Author

Peter M. Rosset

Keywords

Trade versus Development, Trade Negotiations, Trade Liberalization, King Cotton, WTO Negotiations, Liberalized Agricultural Trade, Policy Alternatives, Different Agriculture

Abstract

Why does our global food system gives us expensive, unhealthy and bad-tasting food, where we pay more for packaging and long-distance shipping than we do for the food itself? Why do farmers and peasants from around the world lead massive protests each and every time the World Trade Organization meets?

In this book, global food and farming researcher-activist Peter Rosset explains how the runaway free trade policies and neoliberal economics of the WTO, American government and European Union kill farmers, and give us a food system that nobody outside of a small corporate elite wants. This is an essential guide that unravels and demystifies the confusing negotiations at the WTO, and the debate over agricultural subsidies, revealing the bankruptcy of major government positions from both the North and the South. What is at stake is the very future of our global food system and of each country‘s unique food and farming systems. This book sets out an alternative vision for agricultural policy, taking it completely out of the WTO‘s ambit. Food is not just another commodity, to be bought and sold like a microchip, but something which goes to the heart of human livelihood, culture and society.

Citation

Peter M. Rosset, Food is Different: Why We Must Get the WTO Out of Agriculture (Zed Books, 2006)

Book

Food is Different: Why We Must Get the WTO Out of Agriculture

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Harmonizing Trade in Agriculture and Human Rights: Options for the Integration of … (K. Mechlem)

Author

Kerstin Mechlem (University of Ulster)

Keywords

Agreement on Agriculture, right to food, humanrights, international trade

Abstract

The WTO and the humanrights systems have been created to pursue the same global objective: advancing human welfare. However, while the WTO scheme, including the Agreement on Agriculture (AoA), is concerned with aggregated improvements in global welfare, humanrights focus on the individual and postulate standards that have to be respected even in the pursuit of overall societal goals.

Due to this difference, liberalization of trade in agriculture can have negative impacts on the realization of individual rights, an outcome WTO Members are required to avoid according to humanrights law. Focusing specifically on the right to food, this paper suggests four ways of making agricultural trade rules more complementary to that right: by inserting the right explicitly in a new trade agreement, by interpreting existing or future rules to take account of the right, by invoking the right as an exception to a trade obligation and, most importantly, by shaping the revised AoA, which is being negotiated as part of the Doha Round, to conform to the right to food.

Citation

(2006) 10 Max Planck Yearbook of United Nations Law 127-190

Paper

Harmonizing Trade in Agriculture and Human Rights: Options for the Integration of the Right to Food into the Agreement on Agriculture

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