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Local Engagement with International Economic Law and Human Rights
Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.
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Critical Acclaim
Contributors
Contents
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International economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws.
Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection.
The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.
Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection.
The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.
Critical Acclaim
‘This is a timely volume on the long-standing debate on the relationship between trade and human rights. The chapters are contributed by some of the leading scholars in the field and cover both theoretical and practical aspects of the relationship. It not only highlights the tensions and conflicts between the two, but also explores ways on how the potentials of trade may be harnessed to serve the needs of human rights protection at the local level. Therefore, it will not only inspire researchers on these issues, but also provide invaluable practical lessons to policy makers and activists.’
– Henry Gao, Singapore Management University
‘Today’s world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.’
– James Nafziger, Willamette University College of Law, US
‘This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.’
– Xianchu Zhang, The University of Hong Kong
– Henry Gao, Singapore Management University
‘Today’s world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.’
– James Nafziger, Willamette University College of Law, US
‘This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.’
– Xianchu Zhang, The University of Hong Kong
Contributors
Contributors: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. Vadi
Contents
Contents:
Introduction
Ljiljana Biukovic and Pitman Potter
Part I: Re-imagining local engagement with international law
1. International Trade, Human Rights and Policy Space
Thomas Cottier
2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights
Ernst-Ulrich Petersmann
Part II: Structural Aspects of Trade and Investment
3. Transparency Evolution: More than the Right to Know
Ljiljana Biukovic
4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA
Naayeli E. Ramirez-Espinosa
5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors
Erika Cedillo
Part III: The Impact of Communities and Local Culture
6. Demarcating the International Community: Where do International Practices Come from?
Mor Mitrani
7. Local Communities, Cultural Heritage and International Economic Law
Valentina Vadi
8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union''s Trade Instruments
Moshe Hirsch
9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment
Lisa Toohey
Part IV: Dilemmas of Local Performance: The Case of China
10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection
Pitman B. Potter
11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice
Sarah Biddulph
Index
S. Biddulph
Introduction
Ljiljana Biukovic and Pitman Potter
Part I: Re-imagining local engagement with international law
1. International Trade, Human Rights and Policy Space
Thomas Cottier
2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights
Ernst-Ulrich Petersmann
Part II: Structural Aspects of Trade and Investment
3. Transparency Evolution: More than the Right to Know
Ljiljana Biukovic
4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA
Naayeli E. Ramirez-Espinosa
5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors
Erika Cedillo
Part III: The Impact of Communities and Local Culture
6. Demarcating the International Community: Where do International Practices Come from?
Mor Mitrani
7. Local Communities, Cultural Heritage and International Economic Law
Valentina Vadi
8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union''s Trade Instruments
Moshe Hirsch
9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment
Lisa Toohey
Part IV: Dilemmas of Local Performance: The Case of China
10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection
Pitman B. Potter
11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice
Sarah Biddulph
Index
S. Biddulph
