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Author: Daniel Drache
Publisher: Cambridge University Press
ISBN: 110704717X
Category : Law
Languages : en
Pages : 407
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Book Description
"The concept of policy space is critical to understanding the impact of globalization on public policy in the twenty-first century. For the purposes of this book, a policy space is an arena where national governments have the freedom and capacity to design and implement public policies of their own choosing (Grindle & Thomas, 1991; Koivusalo et. al., 2010). In market economies, policy spaces reflect the insight that certain realms of public life should be governed by collective decision making designed to advance the public interest whereas in other realms markets reign (Drache, 2001). The spatial metaphor expresses, in other words, the claim that there are certain sites where government action has legitimacy. Ultimately, national policy spaces matter because they provide opportunities for governments to be innovative in the development of public policy on these sites, especially in terms of advancing social justice goals (Jacobs, 2004). The unifying theme of this book is that there are major reconfigurations of social and economic policy spaces for national governments on the international landscape during the hard economic times that follow global financial crises. After the 2008 financial crisis, state action extended into new areas and was being deployed in new and innovative ways from the Cash for Clunkers program in the US to successful anti-poverty programs in Brazil. In India the national Rural Employment Scheme to guarantee a minimum number of paid hours annually to hundreds of millions of its poorest is the largest social welfare scheme in the world"--
Author: Daniel Drache
Publisher: Cambridge University Press
ISBN: 110704717X
Category : Law
Languages : en
Pages : 407
Get Book
Book Description
"The concept of policy space is critical to understanding the impact of globalization on public policy in the twenty-first century. For the purposes of this book, a policy space is an arena where national governments have the freedom and capacity to design and implement public policies of their own choosing (Grindle & Thomas, 1991; Koivusalo et. al., 2010). In market economies, policy spaces reflect the insight that certain realms of public life should be governed by collective decision making designed to advance the public interest whereas in other realms markets reign (Drache, 2001). The spatial metaphor expresses, in other words, the claim that there are certain sites where government action has legitimacy. Ultimately, national policy spaces matter because they provide opportunities for governments to be innovative in the development of public policy on these sites, especially in terms of advancing social justice goals (Jacobs, 2004). The unifying theme of this book is that there are major reconfigurations of social and economic policy spaces for national governments on the international landscape during the hard economic times that follow global financial crises. After the 2008 financial crisis, state action extended into new areas and was being deployed in new and innovative ways from the Cash for Clunkers program in the US to successful anti-poverty programs in Brazil. In India the national Rural Employment Scheme to guarantee a minimum number of paid hours annually to hundreds of millions of its poorest is the largest social welfare scheme in the world"--
Author: Daniel Drache
Publisher:
ISBN: 9781306684347
Category :
Languages : en
Pages :
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Book Description
"This book has its origins in a major international workshop held at York University in Toronto in October 2011." -- Acknowledgements.
Author: Mihir Kanade
Publisher: Routledge Chapman & Hall
ISBN: 9780367345396
Category : Foreign trade regulation
Languages : en
Pages : 282
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Book Description
This book contributes an original theory to understanding human rights and international trade. It offers the 'governance space' framework for analysing the linkages and normative relationships between the multilateral trading system (MTS) and human rights regimes. Drawing upon key case studies, the author identifies connecting strands as also gaps in linkage issues. He further examines the 'right to development' approach to resolve tensions between these two regimes and demonstrates how the approach may be the most appropriate road map to finding sustainable solutions in balancing human rights and equitable free trade in a complex globalised world. Presenting new legal analyses informed by current debates drawn from international organisations - the World Trade Organization, United Nations, International Labour Organization - governments, civil society and academia as well as global commitments such as the Sustainable Development Goals, the book proposes a systematic and holistic policy intervention. This timely and transdisciplinary text will be of great interest to academics, students and scholars of human rights, international trade, international law, development studies, public policy and governance, economics, politics and international relations. It will also be useful to policymakers, think-tanks, human rights advocates, professionals, lawyers, civil society organisations, non-governmental organisations and trade experts.
Author: Berta Esperanza Hernández-Truyol
Publisher: NYU Press
ISBN: 0814785794
Category : Law
Languages : en
Pages : 408
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Book Description
Documents Annex: http://www.nyupress.org/justtradeannex/index.html It is generally assumed that pro-trade laws are not good for human rights, and legislation that protects human rights hampers vibrant international trade. In a bold departure from this canon, Just Trade makes a case for reaching a middleground between these two fields, acknowledging their coexistence and the significant points at which they overlap. Using actual examples from many of the thirty-five nations of the Western Hemisphere, the authors—one a human rights scholar and the other a trade law expert—carefully combine their knowledge to examine human rights policies throughout the world, never overlooking the very real human rights problems that arise from international trade. However, instead of viewing the two kinds of law as isolated, polar, and sometimes hostile opposites, Berta Esperanza Hernández-Truyol and Stephen J. Powell make powerful suggestions for how these intersections may be navigated to promote an international marketplace that embraces both liberal trade and liberal protection of human rights.
Author: Thomas Cottier
Publisher: International Economic Law
ISBN: 9780199285822
Category : Business & Economics
Languages : en
Pages : 0
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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.
Author: Aneta Tyc
Publisher: Routledge
ISBN: 1000395928
Category : Business & Economics
Languages : en
Pages : 171
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Book Description
This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
Author: Vinod K. Aggarwal
Publisher: Springer Science & Business Media
ISBN: 1461447658
Category : Political Science
Languages : en
Pages : 252
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Book Description
The connections between trade and security are hardly new. Analysts and practitioners have clearly recognized this interrelationship since the mercantilist arguments of the 16th and 17th centuries. Despite wishful economic liberal thinking that might prefer to separate the political from the economic, it is widely recognized that trade and security are fundamentally interconnected in the foreign policy of states. Over time, as new forms of trade policy have come into being and the international security environment has evolved, the nexus of these two spheres has grown more complex and scholars have struggled to understand their interconnection This edited volume addresses linkages between trade and security by examining the influence of security factors in driving trade policy measures and the corresponding implications of different types of trade arrangements for international security. Ultimately, the project shows that several elements—traditional economic factors, traditional security factors, and human security factors—can affect the development of trade agreements and unilateral policies, and that trade policies may have both a direct and an indirect effect on traditional and human security. The project focuses on Asia, a region where economics is increasingly important but many security issues still linger unresolved, as a primary setting to test trade linkage theories. It also provides a comparative perspective through examination of how the EU and US have used their trade policies to achieve non-economic goals and how these policies have influenced their security environment. Case studies in this project cover key trade institutions and agreements including the World Trade Organization, the Association of Southeast Asian Nations, ASEAN Plus Three, the East Asia Summit, the Asia-Pacific Economic Cooperation forum, the Shanghai Cooperation Organization, and bilateral preferential trade agreements.
Author: Steve Charnovitz
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 548
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Book Description
"This book addresses the linkages between freer trade and other societal objectives. The chapters are previously published articles on some of the most controversial issues in trade policy today. The topics include: (1) the core concepts of trade linkage, (2) trade and environmental policy, (3) trade, employment, and labour standards, (4) trade and human rights, and (5) the role of nongovernmental organizations (NGOs) in the World Trade Organization (WTO). The main theme of the book is that trade law should not be isolated from other realms of international law. Trade is vital to economic and human development, but trade restrictions are sometimes needed to preseve ecosystems and to achieve other social goals." -- from the Preface.
Author: Ernst-Ulrich Petersmann
Publisher: Bloomsbury Publishing
ISBN: 1847319815
Category : Law
Languages : en
Pages : 574
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Book Description
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Author: Emilie M. Hafner-Burton
Publisher: Cornell University Press
ISBN: 0801458706
Category : Political Science
Languages : en
Pages : 235
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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.
