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Balancing Human Rights, Environmental Protection and International Trade

2015-02-26 Law
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Release : 2015-02-26
Genre : Law
Kind : eBook
Book Rating : 517/5 ( reviews)

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Book Synopsis Balancing Human Rights, Environmental Protection and International Trade by : Emily Reid

Download or read book Balancing Human Rights, Environmental Protection and International Trade written by Emily Reid. This book was released on 2015-02-26. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Environment, Human Rights and International Trade

2001 Environmental law, International
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Release : 2001
Genre : Environmental law, International
Kind : eBook
Book Rating : 395/5 ( reviews)

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Book Synopsis Environment, Human Rights and International Trade by : Francesco Francioni

Download or read book Environment, Human Rights and International Trade written by Francesco Francioni. This book was released on 2001. Available in PDF, EPUB and Kindle. Book excerpt: 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 consquence 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 ri.

Balancing Human Rights, Environmental Protection and International Trade

2015-02-26 Law
Download Balancing Human Rights, Environmental Protection and International Trade PDF Online Free

Author :
Release : 2015-02-26
Genre : Law
Kind : eBook
Book Rating : 525/5 ( reviews)

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Book Synopsis Balancing Human Rights, Environmental Protection and International Trade by : Emily Reid

Download or read book Balancing Human Rights, Environmental Protection and International Trade written by Emily Reid. This book was released on 2015-02-26. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Foreign Investment, Human Rights and the Environment

2007-06-30 Law
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Release : 2007-06-30
Genre : Law
Kind : eBook
Book Rating : 979/5 ( reviews)

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Book Synopsis Foreign Investment, Human Rights and the Environment by : Shyami Puvimanasinghe

Download or read book Foreign Investment, Human Rights and the Environment written by Shyami Puvimanasinghe. This book was released on 2007-06-30. Available in PDF, EPUB and Kindle. Book excerpt: Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.

Balancing International Trade with Environmental Protection

2015
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Release : 2015
Genre :
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Book Synopsis Balancing International Trade with Environmental Protection by : Professor Surya P. Subedi

Download or read book Balancing International Trade with Environmental Protection written by Professor Surya P. Subedi. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The prospect of long-term global and irreversible harm to the environment by certain economic activities of our generation has brought environmental issues from the periphery to the center of the international political agenda. Consequently, the world has entered a new age of environmental diplomacy, resulting in a rapid evolution of the international law of the environment. The political awakening and rising level of public concern over the state of our environment during the past few decades have resulted in the adoption of a number of international instruments designed to limit the harm to the environment from human activity. While most measures adopted in the first few decades of the second half of this century concentrated primarily on end-of-pipe solutions, many measures adopted in the recent past have sought to identify and arrest the environmental problems before they occur. In accordance with this precautionary approach, which demands that attention be paid to the sources of the problem, states started exploring various possibilities of creating economic incentives for various industries to produce environmentally less damaging products rather than imposing the will of the state on particular industries. Although traditionally market forces have been perceived as environmentally unfriendly actors, certain experiences have demonstrated that well conceived economic incentives to industry can play a significant role in programs for the protection of the environment and the sustainable use and development of the resources of the earth. Accordingly, it was as early as 1971 that Germany's national environmental plan put forward the concept.

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