Description
Book SynopsisWhile modern trade law and human rights law constitute two of the most active spheres in international law, follow similar intellectual trajectories, and often feature the same key actors and arenas, neither field has actively engaged with the other. This book makes a case for reaching a middle-ground between these two fields.
Trade Review"Although highly developed international regimes promoting free trade and advancing human rights are often mischaracterized as mutually incompatible, this excellent study clearly demonstrates their common normative and institutional foundations as well as the complementarity of their respective purposes. In its convincing argument, Just Trade invites us to celebrate and utilize the capacity of free trade and human rights to advance a common agenda." -- Thomas Franck,co-author of Law and Practice of the United Nations
"Professors Powell and Hernandez-Truyol have proposed an ambitious effort to bridge longstanding differences between the business and human rights communities by incorporating human rights and environmental obligations in trade agreements. Their book offers a multitude of new ideas on how a middle ground could be achieved, reflecting the authors' understanding of trade agreements and the challenges of harnessing trade's worldwide power for the advancement of human rights. Whatever one's views on the feasibility of a & new covenant' linking trade and human rights, there is always value in a comprehensive, in-depth discussion of the issues involved. And one cannot help but be impressed by the authors' passionate commitment to constructing a new path forward and their understanding of international law." -- Warren H. Maruyama,Partner, Hogan & Hartson LLP (formerly General Counsel, US Trade Representative 2007-2009)
"Hernandez-Truyol’s and Powell’s collective expertise has yielded a highly readable effort designed to end the trade regime’s ‘splendid isolation’ from the rest of international law, and especially human rights law. Their text, intended for classroom use, will do much to lessen the unfortunate disconnect between these legal sub-specialities. Theirs is not an idealistic diatribe against the WTO but an honest attempt to marry the undeniable legitimacy of the human rights ideal with the equally undeniable economic benefits of using the law to advance states’ comparative advantage. The authors’ manifold (and sometimes surprising) examples of the connections between the trade and human rights ‘borderlands’ yield prescriptions for a more humane and sustainable form of trade liberalization." -- Jose Alvarez,author of International Organizations as Law-makers
"“The authors intend the book to be a catalyst for discussion and development of policy coherence in these two areas [trade rules and human rights]. They should be applauded for an ambitious, even courageous, foray into this minefield and for a carefully developed, thought-provoking presentation... As a labor rights practitioner, I found a number of these ideas thought-provoking." * Industrial and Labor Relations Review *
"This work is an ambitious attempt to redefine the relationship between international trade law and the legal and moral principles of international human rights. . .an impressive book that constructs a noteworthy case regarding how trade and human rights law can be reconstituted so that they are largely coterminous and mutually supportive." * CHOICE *
Table of ContentsAcknowledgments Acronyms Getting Started: A General Introduction 1 Global Concepts: International Law Primer 2 Pillars and Escape Hatches: Basic Concepts of International Trade Law in the Americas 3 Global Laws, Local Lives: Basic Concepts and Legal Regimes of Human Rights Law in the Americas 4 Splendid Isolation's Progeny: The Intersections of Trade and Human Rights 5 Who Belongs, Who Rules: Citizenship-Voice and Participation in the Global Marketplace 6 Ecosystem Degradation and Economic Growth: Trade's Unexploited Power to Improve Our Environment 7 Not Just a Question of Capital: Health and Human Well-Being 8 Exploitation or Progress? Terms and Conditions of Labor 9 Human Bondage: Trafficking 10 Bebel Redux: The Woman Question 11 First Peoples First: Indigenous Populations 12 From Excess to Despair: The Persistence of Poverty 13 Freedom from Famine and Fear: Democracy 14 Imperial Rules: Economic Sanctions 15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship Notes Index About the Authors
