World Trade, Child Labour and Transnational Constitutionalism: The Case for a New Legal Humanism: World Trade Institute Advanced Studies
Autor Franziska Humberten Limba Engleză Hardback – 2 ian 2024
Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.
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Specificații
ISBN-13: 9789004690899
ISBN-10: 9004690891
Dimensiuni: 155 x 235 mm
Greutate: 0.89 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
ISBN-10: 9004690891
Dimensiuni: 155 x 235 mm
Greutate: 0.89 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
Notă biografică
Franziska Humbert, Ph.D. (2007), PD (2021) at the University of Berne, head of economic justice at Oxfam Deutschland has published on the issue of trade, business and human rights, including entries in legal commentaries on the German Supply Chain Act.
Cuprins
Foreword
Preface
Acknowledgements
List of Abbreviations
Introduction
1 Globalization, Child Labour and the International Legal Order
2 Contents
1The Problem of Child Labour and Trade
1 Introduction
2 The International Dimension of Child Labour
2.1Child Labour as a Global Problem
2.2The Protection from Exploitative Child Labour as Ius Cogens
3 The Need for Global Solutions Including Trade Measures
2The Status Quo of Trade Measures on Child Labour in WTO Law
1 Introduction
1.1Unilateral Trade Measures
1.2Defining PPM s and Rules of Interpretation
2 The Rationale of the WTO and the GATT 1994
3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I
3.1Most-Favoured-Nation Obligations
3.2The Relationship with the TBT Agreement
3.3The Scope of GATT Article I:1
3.4Like Products
3.5Any Advantage
3.6Immediately and Unconditionally
3.7Exceptions under the Enabling Clause
3.8Conclusion
4 Compatibility of Trade Measures on Child Labour with GATT Art. II
5 Trade Measures Concerning Child Labour under GATT Art. III
5.1Overview over the Structure and Scope of GATT Art. III
5.2The Coverage of GATT Art. III in Relation to PPM-Measures
5.3Like Products
5.4Equality of Treatment
5.5Contextual Approach
5.6Ius Cogens
5.7Conclusion
6 Application of the Results found under GATT Art. III to GATT Art. I
6.1Introduction
6.2Like Products
6.3Regulatory Purposes and Ius Cogens
6.4‘Asymmetric Impact’
6.5‘Supply Substitutability’ and ‘Inherence’ Test
6.6Conclusion
7 Application of the Results found under GATT Art. III to GATT Art. II
8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII
8.1Trade Measures on Child Labour as Quantitative Restrictions
8.2The Ius Cogens Nature of the Prohibition of Child Labour
9 Trade Measures on Child Labour under the GATT Art. XIX
10 Trade Measures Concerning Child Labour under GATT Art. XX
10.1Overview over the Scope and Structure of GATT Art. XX
10.2The Public Morals Exception
10.3Human Life and Health
10.4Prison Labour
10.5The Chapeau of GATT Art. XX
10.6Burden of Proof
10.7Conclusion
11 Trade Measures Concerning Child Labour under GATT Art. XXI
11.1Introduction
11.2GATT Art. XXI (b) (iii)
11.3GATT Art. XXI (c)
11.4Conclusion
12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
12.1Introduction
12.2Scope of Application
12.3Substantive Provisions of the TBT Agreement
12.4Conclusion
13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
13.1Introduction
13.2Art. IV – General Principles
13.3Art. VIII – Conditions for Participation
13.4Art. X – Technical Specifications and Tender Documentation
13.5Art. XV – Treatment of Tenders and Awarding of Contracts
13.6Art. III – General Exceptions
13.7Conclusion
14 Non-WTO Norms as a Defence for Trade Measures on Child Labour
14.1Introduction
14.2The Jurisdiction of WTO Panels
14.3The Applicable Law
14.4Conclusion
15 Conclusion of Chapter 2
3A Constitutionalist Approach to International Law
1 Introduction
2 Different Approaches to International Law
2.1Legal Interpretation
2.2New Haven School
2.3Feminist Approaches to International Law
2.4Global Legal Pluralism and Conflicts-Law Approach
2.5Global Administrative Law
2.6International Public Authority
2.7Constitutional Approaches
3 A New Legal Humanism
3.1Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’
3.2Towards More Natural Law
3.3The Quest for Global Values
3.4Core Elements of a New Legal Humanism
4Implications of a New Legal Humanism for Trade and Child Labour
1 Introduction
2 Towards More Substantive Coherence of Trade and Human Rights Law
3 Direct Effect of WTO-Law and Human Rights
3.1The Traditional Doctrine of Direct Effect
4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
4.1Introduction
4.2Trade-and Country-Related Child Labour
4.3Institutional Framework
4.4Cooperative Activities
4.5Dispute Settlement
4.6Human Rights Obligations for Companies?
5 Conclusion
5Concluding Summary
1 Summary of Results
1.1Chapter 1
1.2Chapter 2
1.3Chapter 3
1.4Chapter 4
2 Epilogue
Bibliography
Table of WTO Reports
Table of GATT 1947 Reports
Index
Preface
Acknowledgements
List of Abbreviations
Introduction
1 Globalization, Child Labour and the International Legal Order
2 Contents
1The Problem of Child Labour and Trade
1 Introduction
2 The International Dimension of Child Labour
2.1Child Labour as a Global Problem
2.2The Protection from Exploitative Child Labour as Ius Cogens
3 The Need for Global Solutions Including Trade Measures
2The Status Quo of Trade Measures on Child Labour in WTO Law
1 Introduction
1.1Unilateral Trade Measures
1.2Defining PPM s and Rules of Interpretation
2 The Rationale of the WTO and the GATT 1994
3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I
3.1Most-Favoured-Nation Obligations
3.2The Relationship with the TBT Agreement
3.3The Scope of GATT Article I:1
3.4Like Products
3.5Any Advantage
3.6Immediately and Unconditionally
3.7Exceptions under the Enabling Clause
3.8Conclusion
4 Compatibility of Trade Measures on Child Labour with GATT Art. II
5 Trade Measures Concerning Child Labour under GATT Art. III
5.1Overview over the Structure and Scope of GATT Art. III
5.2The Coverage of GATT Art. III in Relation to PPM-Measures
5.3Like Products
5.4Equality of Treatment
5.5Contextual Approach
5.6Ius Cogens
5.7Conclusion
6 Application of the Results found under GATT Art. III to GATT Art. I
6.1Introduction
6.2Like Products
6.3Regulatory Purposes and Ius Cogens
6.4‘Asymmetric Impact’
6.5‘Supply Substitutability’ and ‘Inherence’ Test
6.6Conclusion
7 Application of the Results found under GATT Art. III to GATT Art. II
8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII
8.1Trade Measures on Child Labour as Quantitative Restrictions
8.2The Ius Cogens Nature of the Prohibition of Child Labour
9 Trade Measures on Child Labour under the GATT Art. XIX
10 Trade Measures Concerning Child Labour under GATT Art. XX
10.1Overview over the Scope and Structure of GATT Art. XX
10.2The Public Morals Exception
10.3Human Life and Health
10.4Prison Labour
10.5The Chapeau of GATT Art. XX
10.6Burden of Proof
10.7Conclusion
11 Trade Measures Concerning Child Labour under GATT Art. XXI
11.1Introduction
11.2GATT Art. XXI (b) (iii)
11.3GATT Art. XXI (c)
11.4Conclusion
12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
12.1Introduction
12.2Scope of Application
12.3Substantive Provisions of the TBT Agreement
12.4Conclusion
13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
13.1Introduction
13.2Art. IV – General Principles
13.3Art. VIII – Conditions for Participation
13.4Art. X – Technical Specifications and Tender Documentation
13.5Art. XV – Treatment of Tenders and Awarding of Contracts
13.6Art. III – General Exceptions
13.7Conclusion
14 Non-WTO Norms as a Defence for Trade Measures on Child Labour
14.1Introduction
14.2The Jurisdiction of WTO Panels
14.3The Applicable Law
14.4Conclusion
15 Conclusion of Chapter 2
3A Constitutionalist Approach to International Law
1 Introduction
2 Different Approaches to International Law
2.1Legal Interpretation
2.2New Haven School
2.3Feminist Approaches to International Law
2.4Global Legal Pluralism and Conflicts-Law Approach
2.5Global Administrative Law
2.6International Public Authority
2.7Constitutional Approaches
3 A New Legal Humanism
3.1Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’
3.2Towards More Natural Law
3.3The Quest for Global Values
3.4Core Elements of a New Legal Humanism
4Implications of a New Legal Humanism for Trade and Child Labour
1 Introduction
2 Towards More Substantive Coherence of Trade and Human Rights Law
3 Direct Effect of WTO-Law and Human Rights
3.1The Traditional Doctrine of Direct Effect
4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
4.1Introduction
4.2Trade-and Country-Related Child Labour
4.3Institutional Framework
4.4Cooperative Activities
4.5Dispute Settlement
4.6Human Rights Obligations for Companies?
5 Conclusion
5Concluding Summary
1 Summary of Results
1.1Chapter 1
1.2Chapter 2
1.3Chapter 3
1.4Chapter 4
2 Epilogue
Bibliography
Table of WTO Reports
Table of GATT 1947 Reports
Index