Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0020
- Subject:
- Philosophy, General
Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the ...
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Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the 1990s, and despite newly emerging diseases like SARS in 2003 and the fearsome prospect of human-to-human avian flu, it is nevertheless a time of some excitement over prospects for effective control of much of infectious disease. Funded by national and international governmental and nongovernmental organizations, including the World Health Organization (WHO); private foundations, including the Bill and Melinda Gates Foundation; and even popular entertainers, like Bono, large-scale new efforts are under way to address global killers like AIDS, tuberculosis, and malaria, among others. This “marvelous momentum” can be seen as part of a continuing effort from the time of Jenner on. Extrapolating from this, we “think big” in order to explore the notion of a comprehensive global effort. Five tracks are identified: 1) national and international organizations and the development of collective will; 2) epidemiologic and healthcare infrastructure; 3) scientific development; 4) religious, social, and cultural considerations; 5) legal and social protections for individuals and groups.Less
Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the 1990s, and despite newly emerging diseases like SARS in 2003 and the fearsome prospect of human-to-human avian flu, it is nevertheless a time of some excitement over prospects for effective control of much of infectious disease. Funded by national and international governmental and nongovernmental organizations, including the World Health Organization (WHO); private foundations, including the Bill and Melinda Gates Foundation; and even popular entertainers, like Bono, large-scale new efforts are under way to address global killers like AIDS, tuberculosis, and malaria, among others. This “marvelous momentum” can be seen as part of a continuing effort from the time of Jenner on. Extrapolating from this, we “think big” in order to explore the notion of a comprehensive global effort. Five tracks are identified: 1) national and international organizations and the development of collective will; 2) epidemiologic and healthcare infrastructure; 3) scientific development; 4) religious, social, and cultural considerations; 5) legal and social protections for individuals and groups.
Michelle T. Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.001.0001
- Subject:
- Law, Public International Law
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ...
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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.Less
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0006
- Subject:
- Political Science, International Relations and Politics
Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to ...
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Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to the international regulation of labour, which resulted in establishment of the International Labour Organization. These developments reflected the activities of the trade union movement, and particularly its Congresses during the war, as well as heightened sensitivity to labour in the context of both the war and the outbreak of the Russian revolution. It is clear that inclusion of a section on labour was sponsored by all of the Big Three powers for various political and instrumental reasons. What was radically new about the structure of the ILO was that it allowed membership from state representatives, but also from business and labour, thereby recognizing world society membership in an otherwise international society forum. The decisive argument was that social justice was properly the business of international society because it was fundamental to achieving international peace.Less
Perhaps the least discussed aspect of the 1919 settlement is its provisions on social justice, and yet an entire section of the Versailles Treaty and an article of the League Covenant were devoted to the international regulation of labour, which resulted in establishment of the International Labour Organization. These developments reflected the activities of the trade union movement, and particularly its Congresses during the war, as well as heightened sensitivity to labour in the context of both the war and the outbreak of the Russian revolution. It is clear that inclusion of a section on labour was sponsored by all of the Big Three powers for various political and instrumental reasons. What was radically new about the structure of the ILO was that it allowed membership from state representatives, but also from business and labour, thereby recognizing world society membership in an otherwise international society forum. The decisive argument was that social justice was properly the business of international society because it was fundamental to achieving international peace.
Mark Casson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297802
- eISBN:
- 9780191596063
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297807.001.0001
- Subject:
- Economics and Finance, Microeconomics
Offers a vision of the economy as a system of structured information flow. The structuring is effected by institutions, and in particular, by firms, which specialize in processing the information ...
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Offers a vision of the economy as a system of structured information flow. The structuring is effected by institutions, and in particular, by firms, which specialize in processing the information needed to allocate resources properly. Market‐making firms that intermediate between producers and consumers by developing brands, are particularly important in this respect. Firms are the institutional embodiment of the visions of the entrepreneurs who found them. Firms grow and decline, creating a highly flexible structure of information processing in society, which evolves and adapts as circumstances change. The book uses these general concepts to analyse the historical development of a number of specialist information subsystems, including business networks, industrial districts, and trading empires.Less
Offers a vision of the economy as a system of structured information flow. The structuring is effected by institutions, and in particular, by firms, which specialize in processing the information needed to allocate resources properly. Market‐making firms that intermediate between producers and consumers by developing brands, are particularly important in this respect. Firms are the institutional embodiment of the visions of the entrepreneurs who found them. Firms grow and decline, creating a highly flexible structure of information processing in society, which evolves and adapts as circumstances change. The book uses these general concepts to analyse the historical development of a number of specialist information subsystems, including business networks, industrial districts, and trading empires.
Kent Jones
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780195378825
- eISBN:
- 9780199852598
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195378825.001.0001
- Subject:
- Economics and Finance, Economic Systems
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with ...
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The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.Less
The collapse of the Doha Round hangs heavily over an already troubled world economy. Some have concluded that this failure is simply the result of a lack of political will and a pre-occupation with issues such as terrorism. But as this book reveals, the World Trade Organization needs serious structural changes, not just political backbone. It shows for instance that the WTO—now with 153 members—has become increasingly unwieldy in terms of concluding trade agreements and he suggests that countries organize around specific platform positions, a strategy that would make the “holy grail” of consensus once again possible. The book also argues for financial support for poorer countries so that they can participate effectively in negotiations and it contends that the principle of the “single undertaking” (that “there is no agreement until everything is agreed”) has become a serious and perhaps crippling constraint, and must be modified.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier (eds)
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.001.0001
- Subject:
- Economics and Finance, International
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential ...
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Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.Less
Rules of Origin (RoO) are among the most important instruments in the negotiation and functioning of Regional Trade Agreements (RTAs), designed to determine the eligibility of goods for preferential treatment among RTA members. Ostensibly meant to prevent the trans-shipment of imported products across RTA borders after only superficial assembly, they may act as complex and opaque trade barriers in practice. This book suggests that RoO do this with intent rather than accidentally. In other words, RoO are truly trade policy instruments. The book’s overall message for the policy community is that RoO are a potentially powerful and new barrier to trade. Their design should hold centre-stage in trade negotiations rather than being relegated to closed-door technical meetings.
Sarah Azaransky
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199744817
- eISBN:
- 9780199897308
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199744817.001.0001
- Subject:
- Religion, Religion and Society
Pauli Murray (1910–85) was a poet, lawyer, activist, and priest, as well as a significant figure in the civil rights and women's movements. Throughout her careers and activism, Murray espoused faith ...
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Pauli Murray (1910–85) was a poet, lawyer, activist, and priest, as well as a significant figure in the civil rights and women's movements. Throughout her careers and activism, Murray espoused faith in an American democracy that is partially present and yet to come. In the 1940s Murray was in the vanguard of black activists to use nonviolent direct action. A decade before the Montgomery bus boycott, Murray organized sit-ins of segregated restaurants in Washington D.C. and was arrested for sitting in the front section of a bus in Virginia. Murray pioneered the category Jane Crow to describe discrimination she experienced as a result of racism and sexism. She used Jane Crow in the 1960s to expand equal protection provisions for African American women. A co-founder of the National Organization of Women, Murray insisted on the interrelation of all human rights. Her professional and personal relationships included major figures in the ongoing struggle for civil rights for all Americans, including Thurgood Marshall and Eleanor Roosevelt. In seminary in the 1970s, Murray developed a black feminist critique of emerging black male and white feminist theologies. After becoming the first African American woman Episcopal priest in 1977, Murray emphasized the particularity of African American women's experiences, while proclaiming a universal message of salvation. This book examines Murray's substantial body of published writings as well personal letters, journals, and unpublished manuscripts. The book traces the development of Murray's thought over fifty years, ranging from her theologically rich democratic criticism of the 1930s to her democratically inflected sermons of the 1980s.Less
Pauli Murray (1910–85) was a poet, lawyer, activist, and priest, as well as a significant figure in the civil rights and women's movements. Throughout her careers and activism, Murray espoused faith in an American democracy that is partially present and yet to come. In the 1940s Murray was in the vanguard of black activists to use nonviolent direct action. A decade before the Montgomery bus boycott, Murray organized sit-ins of segregated restaurants in Washington D.C. and was arrested for sitting in the front section of a bus in Virginia. Murray pioneered the category Jane Crow to describe discrimination she experienced as a result of racism and sexism. She used Jane Crow in the 1960s to expand equal protection provisions for African American women. A co-founder of the National Organization of Women, Murray insisted on the interrelation of all human rights. Her professional and personal relationships included major figures in the ongoing struggle for civil rights for all Americans, including Thurgood Marshall and Eleanor Roosevelt. In seminary in the 1970s, Murray developed a black feminist critique of emerging black male and white feminist theologies. After becoming the first African American woman Episcopal priest in 1977, Murray emphasized the particularity of African American women's experiences, while proclaiming a universal message of salvation. This book examines Murray's substantial body of published writings as well personal letters, journals, and unpublished manuscripts. The book traces the development of Murray's thought over fifty years, ranging from her theologically rich democratic criticism of the 1930s to her democratically inflected sermons of the 1980s.
Olivier Cadot, Antoni Estevadeordal, Akiko Suwa-Eisenmann, and Thierry Verdier
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199290482
- eISBN:
- 9780191603471
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199290482.003.0005
- Subject:
- Economics and Finance, International
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few ...
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Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.Less
Little analytical attention has so far been devoted to the issue of rules of origin in a services and investment context. This chapter wades into this largely uncharted territory by advancing a few thoughts on a range of economic and legal considerations arising from the way in which various agreements seek to determine and condition who gets to benefit from services trade and investment liberalization. It focuses on the practice of preferential and non-preferential services trade liberalization as found in various bilateral and regional trade and investment agreements as well as the World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS). It addresses a range of conceptual issues relating to services trade that impinge upon the design and implementation of rules of origin for services. The discussion draws attention to a number of salient characteristics of trade in services that limit the usefulness of concepts and approaches to origin developed in the context of trade in goods. Attention is also drawn to a number of economic considerations that should inform the design of rules of origin for services trade to minimize the potentially adverse effects of trade and investment diversion, and maximize the economy-wide gains in allocative efficiency that well-designed services liberalization can entail.
Robert J. Flanagan
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195306002
- eISBN:
- 9780199783564
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195306007.003.0007
- Subject:
- Economics and Finance, International
This chapter evaluates the effect of globalization on the extent of a country’s labor regulation and the influence of national and international labor regulations on labor conditions. There is no ...
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This chapter evaluates the effect of globalization on the extent of a country’s labor regulation and the influence of national and international labor regulations on labor conditions. There is no evidence of an international race to the bottom in labor regulation. Other things considered equally, neither the size of a country's trade sector nor its trade policy appears to influence the extent of labor protection afforded by national labor legislation. The evidence also indicates that the system of international labor standards regulation administered by the International Labor Organization has not significantly improved labor conditions. Countries tend to ratify ILO labor standards that their domestic regulations already satisfy, rather than incurring the political costs of introducing or altering national legislation to meet higher standards. National labor regulations rarely benefit workers generally; instead some groups of workers gain at the expense of other workers.Less
This chapter evaluates the effect of globalization on the extent of a country’s labor regulation and the influence of national and international labor regulations on labor conditions. There is no evidence of an international race to the bottom in labor regulation. Other things considered equally, neither the size of a country's trade sector nor its trade policy appears to influence the extent of labor protection afforded by national labor legislation. The evidence also indicates that the system of international labor standards regulation administered by the International Labor Organization has not significantly improved labor conditions. Countries tend to ratify ILO labor standards that their domestic regulations already satisfy, rather than incurring the political costs of introducing or altering national legislation to meet higher standards. National labor regulations rarely benefit workers generally; instead some groups of workers gain at the expense of other workers.
James Mayall
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0007
- Subject:
- Political Science, International Relations and Politics
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community ...
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After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.Less
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.
Petros Mavroidis
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199552139
- eISBN:
- 9780191716591
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552139.001.0001
- Subject:
- Law, Public International Law
This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history ...
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This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history of the international trading system from the creation of the first GATT agreement in 1947 to the establishment of the World Trade Organization in 1994. The major substantive provisions of the GATT are then analysed alongside the other foundational trade agreements of the WTO, clarifying the economic rationale for the current legal framework. Throughout the book, it is maintained that the agreements themselves represent ‘incomplete contracts’, realized through interpretation by the WTO and other judicial bodies. A comprehensive analysis of the case-law is provided, where it is argued that a more rigorous theoretical approach is needed to ensure a greater coherence to the interpretation of the core provisions regulating trade in goods. The book presents an extension and elaboration of the author's views expressed in The General Agreement in Tariffs and Trade: A Commentary (OUP, 2005) to incorporate a general analysis of trade agreements.Less
This book analyses the establishment and operation of international agreements regulating trade in goods, focusing on the General Agreement on Tariffs and Trade (GATT). The book outlines the history of the international trading system from the creation of the first GATT agreement in 1947 to the establishment of the World Trade Organization in 1994. The major substantive provisions of the GATT are then analysed alongside the other foundational trade agreements of the WTO, clarifying the economic rationale for the current legal framework. Throughout the book, it is maintained that the agreements themselves represent ‘incomplete contracts’, realized through interpretation by the WTO and other judicial bodies. A comprehensive analysis of the case-law is provided, where it is argued that a more rigorous theoretical approach is needed to ensure a greater coherence to the interpretation of the core provisions regulating trade in goods. The book presents an extension and elaboration of the author's views expressed in The General Agreement in Tariffs and Trade: A Commentary (OUP, 2005) to incorporate a general analysis of trade agreements.
Sarah Joseph
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199565894
- eISBN:
- 9780191728693
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565894.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these ...
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The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.Less
The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.
Frédéric Mérand
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199533244
- eISBN:
- 9780191714474
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533244.003.0001
- Subject:
- Political Science, Comparative Politics, European Union
The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU ...
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The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU scholars, it places military integration in the broader perspective of state formation since the 16th century. The puzzle is to understand why a large number of political leaders, defense planners, and diplomats are willing, without an external threat, to surrender key elements of state sovereignty. The argument is that the interpenetration of European states has created strong incentives for state actors to coordinate their foreign and defense policies at the EU level. More specifically, the development of ESDP is analyzed as the creation of transgovernmental field through fifty years of intense military and foreign policy cooperation among Europeans in the EU and also in NATO. Other theoretical perspectives on European defense (realism, liberalism, constructivism, and foreign policy analysis) are then presented and critiqued.Less
The introduction explains the challenge posed by the European security and defense policy to the nature of the European state. Building on a critical dialogue between political sociologists and EU scholars, it places military integration in the broader perspective of state formation since the 16th century. The puzzle is to understand why a large number of political leaders, defense planners, and diplomats are willing, without an external threat, to surrender key elements of state sovereignty. The argument is that the interpenetration of European states has created strong incentives for state actors to coordinate their foreign and defense policies at the EU level. More specifically, the development of ESDP is analyzed as the creation of transgovernmental field through fifty years of intense military and foreign policy cooperation among Europeans in the EU and also in NATO. Other theoretical perspectives on European defense (realism, liberalism, constructivism, and foreign policy analysis) are then presented and critiqued.
Edward C. Luck
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0002
- Subject:
- Political Science, International Relations and Politics
Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways ...
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Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways in which what he describes as a deeply ingrained sense of American exceptionalism coupled with pragmatism affects the country's approach to multilateral institutions. An examination is then made of the ups and downs of US policies towards UN over the course of the 1990s, the contrasting politics of the 1994 decision to join the newly created World Trade Organization (WTO), and US financial withholdings in the 1990s and the steps taken towards partial payment of the resulting arrears in 1999–2000. Far more positive attitudes are noted towards the WTO than the UN, the latter being perceived as a riskier venue for the promotion of US interests. It is concluded that, while the US is generally reluctant to defer to multilateral processes, it cannot be accused of being hostile to all forms of multilateral organization: it is pragmatic and peacekeeping case‐specific in its choice of foreign policy tools.Less
Considers how domestic political processes affect American behaviour in and towards multilateral organizations. The author first discusses the nature of American exceptionalism and looks at the ways in which what he describes as a deeply ingrained sense of American exceptionalism coupled with pragmatism affects the country's approach to multilateral institutions. An examination is then made of the ups and downs of US policies towards UN over the course of the 1990s, the contrasting politics of the 1994 decision to join the newly created World Trade Organization (WTO), and US financial withholdings in the 1990s and the steps taken towards partial payment of the resulting arrears in 1999–2000. Far more positive attitudes are noted towards the WTO than the UN, the latter being perceived as a riskier venue for the promotion of US interests. It is concluded that, while the US is generally reluctant to defer to multilateral processes, it cannot be accused of being hostile to all forms of multilateral organization: it is pragmatic and peacekeeping case‐specific in its choice of foreign policy tools.
Gautam Sen
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0006
- Subject:
- Political Science, International Relations and Politics
An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of ...
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An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of the likelihood that the US will exit, or through its behaviour undermine, the multilateral trade organization in favour of regional or bilateral alternatives. It is concluded that the probability of a US‐inspired weakening of the WTO is low, although the incentives for protectionism in the US are strong and growing as a result of globalization and the changing international division of labour. The US domestic political system gives voice to such protectionist interests in international trade policy through a set of administrative and legal remedies that are reinforced by principles such as reciprocity and ‘fair trade’. Countervailing factors to this situation include the growing power of US export interests, the effectiveness of the Executive in deflecting the protectionist tendencies in the US Congress, and the exceptional power and influence of the US over the multilateral regime, in which it is a rule maker rather than a rule taker, enjoying the power to bend the rules selectively to serve its interests. As such, the WTO tends to reflect and reinforce US economic interests, and the US is, therefore, likely to continue in overall terms its efforts to comply with and generally strengthen the multilateral organization, rather than to break away from it.Less
An examination is made of the relationship between the US and the General Agreement on Tariffs and Trade (GATT), and its successor, the World Trade Organization, addressing the crucial question of the likelihood that the US will exit, or through its behaviour undermine, the multilateral trade organization in favour of regional or bilateral alternatives. It is concluded that the probability of a US‐inspired weakening of the WTO is low, although the incentives for protectionism in the US are strong and growing as a result of globalization and the changing international division of labour. The US domestic political system gives voice to such protectionist interests in international trade policy through a set of administrative and legal remedies that are reinforced by principles such as reciprocity and ‘fair trade’. Countervailing factors to this situation include the growing power of US export interests, the effectiveness of the Executive in deflecting the protectionist tendencies in the US Congress, and the exceptional power and influence of the US over the multilateral regime, in which it is a rule maker rather than a rule taker, enjoying the power to bend the rules selectively to serve its interests. As such, the WTO tends to reflect and reinforce US economic interests, and the US is, therefore, likely to continue in overall terms its efforts to comply with and generally strengthen the multilateral organization, rather than to break away from it.
Ralph A. Cossa
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0009
- Subject:
- Political Science, International Relations and Politics
An examination is made of US policy towards and participation in several key regional multilateral organizations in the Asia–Pacific area, with the aim of establishing how central these organizations ...
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An examination is made of US policy towards and participation in several key regional multilateral organizations in the Asia–Pacific area, with the aim of establishing how central these organizations are to the overall development of US policy and the extent to which, and how, they influence or constrain US behaviour. The first section of the chapter reviews US strategic goals and briefly discusses some of the domestic and external factors that have led to the development and implementation of these goals in East Asia. The next section discusses multilateral security cooperation in the region, and gives an overview of regional multilateral security organizations, focusing primarily on the ASEAN (Association of Southeast Asian Nations) Regional Forum (ARF), given its all‐encompassing nature and relatively advanced (by Asian standards) stage of development; other US‐instigated multilateral institutions and initiatives (the Korean Peninsula Energy Development Organization (KEDO), and the Northeast Asia Cooperation Dialogue (NEACD) are touched upon briefly to assess how these more narrowly focused approaches also serve American interests. The third section looks at Asia–Pacific multilateral economic cooperation, and here the Asia Pacific Economic Cooperation forum (APEC) provides the centrepiece of the discussion; its role both in creating an Asia–Pacific economic community and, more recently, as a vehicle for political cooperation through the institutionalization of the US‐instigated Leaders’ Meetings, which bring many of the region's heads of state and government together annually, ostensibly for economic discussions. The conclusion to the chapter briefly evaluates the advantages and disadvantages of these organizations from a US perspective in order to understand better how security and economic multilateralism fits with the largely bilaterally oriented US national security strategy.Less
An examination is made of US policy towards and participation in several key regional multilateral organizations in the Asia–Pacific area, with the aim of establishing how central these organizations are to the overall development of US policy and the extent to which, and how, they influence or constrain US behaviour. The first section of the chapter reviews US strategic goals and briefly discusses some of the domestic and external factors that have led to the development and implementation of these goals in East Asia. The next section discusses multilateral security cooperation in the region, and gives an overview of regional multilateral security organizations, focusing primarily on the ASEAN (Association of Southeast Asian Nations) Regional Forum (ARF), given its all‐encompassing nature and relatively advanced (by Asian standards) stage of development; other US‐instigated multilateral institutions and initiatives (the Korean Peninsula Energy Development Organization (KEDO), and the Northeast Asia Cooperation Dialogue (NEACD) are touched upon briefly to assess how these more narrowly focused approaches also serve American interests. The third section looks at Asia–Pacific multilateral economic cooperation, and here the Asia Pacific Economic Cooperation forum (APEC) provides the centrepiece of the discussion; its role both in creating an Asia–Pacific economic community and, more recently, as a vehicle for political cooperation through the institutionalization of the US‐instigated Leaders’ Meetings, which bring many of the region's heads of state and government together annually, ostensibly for economic discussions. The conclusion to the chapter briefly evaluates the advantages and disadvantages of these organizations from a US perspective in order to understand better how security and economic multilateralism fits with the largely bilaterally oriented US national security strategy.
David G. Haglund
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0010
- Subject:
- Political Science, International Relations and Politics
Takes up the relationship between the US and regional multilateral organizations in Europe, in particular, NATO (the North Atlantic Treaty Organization), and the European Union (specifically the ...
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Takes up the relationship between the US and regional multilateral organizations in Europe, in particular, NATO (the North Atlantic Treaty Organization), and the European Union (specifically the common European security and defence policy, or ESDP). It is suggested that US relations with Europe are an indicator of the US commitment to multilateralism more generally, and argued that the US approach to NATO has been driven by a combination of international structural factors (the distribution of capabilities) and the key domestic factor of national character (the liberal identity of the US). These very same factors hold important consequences for NATO because the US is the decisive actor in NATO, which, as a political entity, reflects the multilateralism that has its foundations in US national character, but as a military instrument, reflects the dominant power of the US. The resulting tensions in NATO were finessed more easily during the cold war, in the face of a common enemy, but are more significant in the current unipolar system, which exaggerates both the incentives for the US to act unilaterally and the frustration of European states who are less able to constrain the US yet unwilling to act independently. The author expects NATO to become less rather than more important to the US in the years ahead, and thus to matter less as a multilateral organization. The different sections of the chapter are: Isolationism as Multilateralism's ‘Other’?; Sources of America's Eurocentric Multilateralism; Systemic Change and American Behaviour: The Case of NATO; Consequences for Multilateral Organizations: The EU and the ESDP; and The Bush Administration and the European Allies.Less
Takes up the relationship between the US and regional multilateral organizations in Europe, in particular, NATO (the North Atlantic Treaty Organization), and the European Union (specifically the common European security and defence policy, or ESDP). It is suggested that US relations with Europe are an indicator of the US commitment to multilateralism more generally, and argued that the US approach to NATO has been driven by a combination of international structural factors (the distribution of capabilities) and the key domestic factor of national character (the liberal identity of the US). These very same factors hold important consequences for NATO because the US is the decisive actor in NATO, which, as a political entity, reflects the multilateralism that has its foundations in US national character, but as a military instrument, reflects the dominant power of the US. The resulting tensions in NATO were finessed more easily during the cold war, in the face of a common enemy, but are more significant in the current unipolar system, which exaggerates both the incentives for the US to act unilaterally and the frustration of European states who are less able to constrain the US yet unwilling to act independently. The author expects NATO to become less rather than more important to the US in the years ahead, and thus to matter less as a multilateral organization. The different sections of the chapter are: Isolationism as Multilateralism's ‘Other’?; Sources of America's Eurocentric Multilateralism; Systemic Change and American Behaviour: The Case of NATO; Consequences for Multilateral Organizations: The EU and the ESDP; and The Bush Administration and the European Allies.
Hal Klepak
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0011
- Subject:
- Political Science, International Relations and Politics
The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral ...
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The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral institutions/organizations in the Americas in which it has taken part. The examples of the Pan American Union (PAU) Organization of American States (OAS) and of the North American Free Trade Agreement (NAFTA) are used to show this state of affairs in play; the most attention is paid to the OAS because of the lessons that can be derived from the very long history of US membership of this organization. In another case, that of Mercado Comun del Sur (Mercosur, or the Common Market of the South), it is shown how, even where the US is not a member of a multilateral organization in the hemisphere, its weight is still felt in terms of the aims and behaviour of that body. At the same time, it is seen that such organizations may on occasion be useful for the smaller states in restraining to at least some extent US behaviour, although in general such a restraining role is reserved for moments when US vital interests tend not to be involved and where Latin American, or more recently Canadian, actions to limit US unilateralism do not negatively affect goals perceived to be key by Washington. The first section gives an overview of the US and the hemisphere over the more than two centuries of its diplomatic and related action therein, the next looks at the specific experience of the PAU and the OAS, and the following two at NAFTA and Mercosur.Less
The central argument is that US power, once established as predominant in the hemisphere, has been nothing short of decisive in the founding, nature, and functioning of the regional multilateral institutions/organizations in the Americas in which it has taken part. The examples of the Pan American Union (PAU) Organization of American States (OAS) and of the North American Free Trade Agreement (NAFTA) are used to show this state of affairs in play; the most attention is paid to the OAS because of the lessons that can be derived from the very long history of US membership of this organization. In another case, that of Mercado Comun del Sur (Mercosur, or the Common Market of the South), it is shown how, even where the US is not a member of a multilateral organization in the hemisphere, its weight is still felt in terms of the aims and behaviour of that body. At the same time, it is seen that such organizations may on occasion be useful for the smaller states in restraining to at least some extent US behaviour, although in general such a restraining role is reserved for moments when US vital interests tend not to be involved and where Latin American, or more recently Canadian, actions to limit US unilateralism do not negatively affect goals perceived to be key by Washington. The first section gives an overview of the US and the hemisphere over the more than two centuries of its diplomatic and related action therein, the next looks at the specific experience of the PAU and the OAS, and the following two at NAFTA and Mercosur.
C. Randall Henning and Sophie Meunier
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199283958
- eISBN:
- 9780191603297
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199283958.003.0004
- Subject:
- Political Science, European Union
In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly ...
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In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly established its role as a global player in trade, it has faced difficulties in acquiring such a role in money and finance. Institutional legacies best explain this uneven progress. EU trade policy-making is centralized, whereas centralization is incomplete in the area of money and finance. Power struggles among the various EU bodies and member-states hamper effectiveness.Less
In economic relations, the EU has the capacity to exercise a global role on par with the United States. Yet the EU is not always able to effectively defend its interests. While the EU has firmly established its role as a global player in trade, it has faced difficulties in acquiring such a role in money and finance. Institutional legacies best explain this uneven progress. EU trade policy-making is centralized, whereas centralization is incomplete in the area of money and finance. Power struggles among the various EU bodies and member-states hamper effectiveness.
Cécile Fabre
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296751
- eISBN:
- 9780191599200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296754.003.0006
- Subject:
- Political Science, Political Theory
I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot ...
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I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot constitute a solid basis for assessing governmental policy‐making. I reject this practical objection to constitutional social rights whilst taking on board some of its insights, by looking at the ways in which social rights are given specific content by institutions such as the ILO and the UN, and at the way constitutional social rights are dealt with by some domestic constitutional courts.Less
I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot constitute a solid basis for assessing governmental policy‐making. I reject this practical objection to constitutional social rights whilst taking on board some of its insights, by looking at the ways in which social rights are given specific content by institutions such as the ILO and the UN, and at the way constitutional social rights are dealt with by some domestic constitutional courts.
