World Trade, Child Labour and Transnational Constitutionalism
portes grátis
World Trade, Child Labour and Transnational Constitutionalism
The Case for a New Legal Humanism
Humbert, Franziska
Brill
02/2024
520
Dura
Inglês
9789004690899
15 a 20 dias
Descrição não disponível.
????Foreword??
Preface??
Acknowledgements??
List of Abbreviations??
Introduction??
?1?Globalization, Child Labour and the International Legal Order
?2?Contents
1???The Problem of Child Labour and Trade??
?1?Introduction
?2?The International Dimension of Child Labour
?2.1?Child Labour as a Global Problem??
?2.2?The Protection from Exploitative Child Labour as ?Ius Cogens???
?3?The Need for Global Solutions Including Trade Measures
2???The Status Quo of Trade Measures on Child Labour in ?WTO Law??
?1?Introduction
?1.1?Unilateral Trade Measures??
?1.2?Defining 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
?3.1?Most-Favoured-Nation Obligations??
?3.2?The Relationship with the ?TBT? Agreement??
?3.3?The Scope of ?GATT Article ?I:1??
?3.4?Like Products??
?3.5?Any Advantage??
?3.6?Immediately and Unconditionally??
?3.7?Exceptions under the Enabling Clause??
?3.8?Conclusion??
?4?Compatibility of Trade Measures on Child Labour with GATT Art. II
?5?Trade Measures Concerning Child Labour under GATT Art. III
?5.1?Overview over the Structure and Scope of ?GATT? Art. ?III???
?5.2?The Coverage of ?GATT Art. ?III in Relation to ?PPM?-Measures??
?5.3?Like Products??
?5.4?Equality of Treatment??
?5.5?Contextual Approach??
?5.6?Ius Cogens??
?5.7?Conclusion??
?6?Application of the Results found under GATT Art. III to GATT Art. I
?6.1?Introduction??
?6.2?Like Products??
?6.3?Regulatory Purposes and Ius Cogens??
?6.4?'Asymmetric Impact'
?6.5?'Supply Substitutability' and 'Inherence' Test??
?6.6?Conclusion??
?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
?8.1?Trade Measures on Child Labour as Quantitative Restrictions??
?8.2?The 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
?10.1?Overview over the Scope and Structure of ?GATT Art. ?XX???
?10.2?The Public Morals Exception??
?10.3?Human Life and Health??
?10.4?Prison Labour??
?10.5?The Chapeau of ?GATT? Art. ?XX???
?10.6?Burden of Proof??
?10.7?Conclusion??
?11?Trade Measures Concerning Child Labour under GATT Art. XXI
?11.1?Introduction??
?11.2?GATT? Art. ?XXI? (b) (iii)??
?11.3?GATT? Art. ?XXI? (c)??
?11.4?Conclusion??
?12?Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
?12.1?Introduction??
?12.2?Scope of Application??
?12.3?Substantive Provisions of the TBT? Agreement??
?12.4?Conclusion??
?13?Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
?13.1?Introduction??
?13.2?Art. ?IV? - General Principles??
?13.3?Art. VIII? - Conditions for Participation??
?13.4?Art. ?X - Technical Specifications and Tender Documentation??
?13.5?Art. ?XV? - Treatment of Tenders and Awarding of Contracts??
?13.6?Art. ?III? - General Exceptions??
?13.7?Conclusion??
?14?Non-?WTO Norms as a Defence for Trade Measures on Child Labour
?14.1?Introduction??
?14.2?The Jurisdiction of ?WTO? Panels??
?14.3?The Applicable Law??
?14.4?Conclusion??
?15?Conclusion of Chapter 2
3???A Constitutionalist Approach to International Law??
?1?Introduction
?2?Different Approaches to International Law
?2.1?Legal Interpretation??
?2.2?New Haven School??
?2.3?Feminist Approaches to International Law??
?2.4?Global Legal Pluralism and Conflicts-Law Approach??
?2.5?Global Administrative Law??
?2.6?International Public Authority??
?2.7?Constitutional Approaches??
?3?A New Legal Humanism
?3.1?Limits of Hart's Positivism and Kelsen's 'Pure Law Theory'
?3.2?Towards More Natural Law??
?3.3?The Quest for Global Values??
?3.4?Core Elements of a New Legal Humanism??
4???Implications 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
?3.1?The Traditional Doctrine of Direct Effect??
?4?Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
?4.1?Introduction??
?4.2?Trade-and Country-Related Child Labour??
?4.3?Institutional Framework??
?4.4?Cooperative Activities??
?4.5?Dispute Settlement??
?4.6?Human Rights Obligations for Companies???
?5?Conclusion
5???Concluding Summary??
?1?Summary of Results
?1.1?Chapter 1??
?1.2?Chapter 2??
?1.3?Chapter 3??
?1.4?Chapter 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
1???The Problem of Child Labour and Trade??
?1?Introduction
?2?The International Dimension of Child Labour
?2.1?Child Labour as a Global Problem??
?2.2?The Protection from Exploitative Child Labour as ?Ius Cogens???
?3?The Need for Global Solutions Including Trade Measures
2???The Status Quo of Trade Measures on Child Labour in ?WTO Law??
?1?Introduction
?1.1?Unilateral Trade Measures??
?1.2?Defining 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
?3.1?Most-Favoured-Nation Obligations??
?3.2?The Relationship with the ?TBT? Agreement??
?3.3?The Scope of ?GATT Article ?I:1??
?3.4?Like Products??
?3.5?Any Advantage??
?3.6?Immediately and Unconditionally??
?3.7?Exceptions under the Enabling Clause??
?3.8?Conclusion??
?4?Compatibility of Trade Measures on Child Labour with GATT Art. II
?5?Trade Measures Concerning Child Labour under GATT Art. III
?5.1?Overview over the Structure and Scope of ?GATT? Art. ?III???
?5.2?The Coverage of ?GATT Art. ?III in Relation to ?PPM?-Measures??
?5.3?Like Products??
?5.4?Equality of Treatment??
?5.5?Contextual Approach??
?5.6?Ius Cogens??
?5.7?Conclusion??
?6?Application of the Results found under GATT Art. III to GATT Art. I
?6.1?Introduction??
?6.2?Like Products??
?6.3?Regulatory Purposes and Ius Cogens??
?6.4?'Asymmetric Impact'
?6.5?'Supply Substitutability' and 'Inherence' Test??
?6.6?Conclusion??
?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
?8.1?Trade Measures on Child Labour as Quantitative Restrictions??
?8.2?The 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
?10.1?Overview over the Scope and Structure of ?GATT Art. ?XX???
?10.2?The Public Morals Exception??
?10.3?Human Life and Health??
?10.4?Prison Labour??
?10.5?The Chapeau of ?GATT? Art. ?XX???
?10.6?Burden of Proof??
?10.7?Conclusion??
?11?Trade Measures Concerning Child Labour under GATT Art. XXI
?11.1?Introduction??
?11.2?GATT? Art. ?XXI? (b) (iii)??
?11.3?GATT? Art. ?XXI? (c)??
?11.4?Conclusion??
?12?Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
?12.1?Introduction??
?12.2?Scope of Application??
?12.3?Substantive Provisions of the TBT? Agreement??
?12.4?Conclusion??
?13?Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
?13.1?Introduction??
?13.2?Art. ?IV? - General Principles??
?13.3?Art. VIII? - Conditions for Participation??
?13.4?Art. ?X - Technical Specifications and Tender Documentation??
?13.5?Art. ?XV? - Treatment of Tenders and Awarding of Contracts??
?13.6?Art. ?III? - General Exceptions??
?13.7?Conclusion??
?14?Non-?WTO Norms as a Defence for Trade Measures on Child Labour
?14.1?Introduction??
?14.2?The Jurisdiction of ?WTO? Panels??
?14.3?The Applicable Law??
?14.4?Conclusion??
?15?Conclusion of Chapter 2
3???A Constitutionalist Approach to International Law??
?1?Introduction
?2?Different Approaches to International Law
?2.1?Legal Interpretation??
?2.2?New Haven School??
?2.3?Feminist Approaches to International Law??
?2.4?Global Legal Pluralism and Conflicts-Law Approach??
?2.5?Global Administrative Law??
?2.6?International Public Authority??
?2.7?Constitutional Approaches??
?3?A New Legal Humanism
?3.1?Limits of Hart's Positivism and Kelsen's 'Pure Law Theory'
?3.2?Towards More Natural Law??
?3.3?The Quest for Global Values??
?3.4?Core Elements of a New Legal Humanism??
4???Implications 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
?3.1?The Traditional Doctrine of Direct Effect??
?4?Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
?4.1?Introduction??
?4.2?Trade-and Country-Related Child Labour??
?4.3?Institutional Framework??
?4.4?Cooperative Activities??
?4.5?Dispute Settlement??
?4.6?Human Rights Obligations for Companies???
?5?Conclusion
5???Concluding Summary??
?1?Summary of Results
?1.1?Chapter 1??
?1.2?Chapter 2??
?1.3?Chapter 3??
?1.4?Chapter 4??
?2?Epilogue
Bibliography??
Table of ?WTO Reports??
Table of ?GATT? 1947 Reports??
Index??
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
International Law; Trade; Human Rights; (GATT) National Treatment Clause / equal treatment / non-discrimination; (GATT) Most-Favoured-Nation Clause; Non-Discrimination principles of GATT; Product-Process Doctrine (PPMs); (GATT) Public Morals Exception; Like Products; State Responsibility; (TBT) Agreement / Agreement on Technical Barriers to Trade; Ius Cogens; Constitutionalization; legal pluralism; Human Rights Due Diligence
????Foreword??
Preface??
Acknowledgements??
List of Abbreviations??
Introduction??
?1?Globalization, Child Labour and the International Legal Order
?2?Contents
1???The Problem of Child Labour and Trade??
?1?Introduction
?2?The International Dimension of Child Labour
?2.1?Child Labour as a Global Problem??
?2.2?The Protection from Exploitative Child Labour as ?Ius Cogens???
?3?The Need for Global Solutions Including Trade Measures
2???The Status Quo of Trade Measures on Child Labour in ?WTO Law??
?1?Introduction
?1.1?Unilateral Trade Measures??
?1.2?Defining 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
?3.1?Most-Favoured-Nation Obligations??
?3.2?The Relationship with the ?TBT? Agreement??
?3.3?The Scope of ?GATT Article ?I:1??
?3.4?Like Products??
?3.5?Any Advantage??
?3.6?Immediately and Unconditionally??
?3.7?Exceptions under the Enabling Clause??
?3.8?Conclusion??
?4?Compatibility of Trade Measures on Child Labour with GATT Art. II
?5?Trade Measures Concerning Child Labour under GATT Art. III
?5.1?Overview over the Structure and Scope of ?GATT? Art. ?III???
?5.2?The Coverage of ?GATT Art. ?III in Relation to ?PPM?-Measures??
?5.3?Like Products??
?5.4?Equality of Treatment??
?5.5?Contextual Approach??
?5.6?Ius Cogens??
?5.7?Conclusion??
?6?Application of the Results found under GATT Art. III to GATT Art. I
?6.1?Introduction??
?6.2?Like Products??
?6.3?Regulatory Purposes and Ius Cogens??
?6.4?'Asymmetric Impact'
?6.5?'Supply Substitutability' and 'Inherence' Test??
?6.6?Conclusion??
?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
?8.1?Trade Measures on Child Labour as Quantitative Restrictions??
?8.2?The 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
?10.1?Overview over the Scope and Structure of ?GATT Art. ?XX???
?10.2?The Public Morals Exception??
?10.3?Human Life and Health??
?10.4?Prison Labour??
?10.5?The Chapeau of ?GATT? Art. ?XX???
?10.6?Burden of Proof??
?10.7?Conclusion??
?11?Trade Measures Concerning Child Labour under GATT Art. XXI
?11.1?Introduction??
?11.2?GATT? Art. ?XXI? (b) (iii)??
?11.3?GATT? Art. ?XXI? (c)??
?11.4?Conclusion??
?12?Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
?12.1?Introduction??
?12.2?Scope of Application??
?12.3?Substantive Provisions of the TBT? Agreement??
?12.4?Conclusion??
?13?Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
?13.1?Introduction??
?13.2?Art. ?IV? - General Principles??
?13.3?Art. VIII? - Conditions for Participation??
?13.4?Art. ?X - Technical Specifications and Tender Documentation??
?13.5?Art. ?XV? - Treatment of Tenders and Awarding of Contracts??
?13.6?Art. ?III? - General Exceptions??
?13.7?Conclusion??
?14?Non-?WTO Norms as a Defence for Trade Measures on Child Labour
?14.1?Introduction??
?14.2?The Jurisdiction of ?WTO? Panels??
?14.3?The Applicable Law??
?14.4?Conclusion??
?15?Conclusion of Chapter 2
3???A Constitutionalist Approach to International Law??
?1?Introduction
?2?Different Approaches to International Law
?2.1?Legal Interpretation??
?2.2?New Haven School??
?2.3?Feminist Approaches to International Law??
?2.4?Global Legal Pluralism and Conflicts-Law Approach??
?2.5?Global Administrative Law??
?2.6?International Public Authority??
?2.7?Constitutional Approaches??
?3?A New Legal Humanism
?3.1?Limits of Hart's Positivism and Kelsen's 'Pure Law Theory'
?3.2?Towards More Natural Law??
?3.3?The Quest for Global Values??
?3.4?Core Elements of a New Legal Humanism??
4???Implications 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
?3.1?The Traditional Doctrine of Direct Effect??
?4?Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
?4.1?Introduction??
?4.2?Trade-and Country-Related Child Labour??
?4.3?Institutional Framework??
?4.4?Cooperative Activities??
?4.5?Dispute Settlement??
?4.6?Human Rights Obligations for Companies???
?5?Conclusion
5???Concluding Summary??
?1?Summary of Results
?1.1?Chapter 1??
?1.2?Chapter 2??
?1.3?Chapter 3??
?1.4?Chapter 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
1???The Problem of Child Labour and Trade??
?1?Introduction
?2?The International Dimension of Child Labour
?2.1?Child Labour as a Global Problem??
?2.2?The Protection from Exploitative Child Labour as ?Ius Cogens???
?3?The Need for Global Solutions Including Trade Measures
2???The Status Quo of Trade Measures on Child Labour in ?WTO Law??
?1?Introduction
?1.1?Unilateral Trade Measures??
?1.2?Defining 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
?3.1?Most-Favoured-Nation Obligations??
?3.2?The Relationship with the ?TBT? Agreement??
?3.3?The Scope of ?GATT Article ?I:1??
?3.4?Like Products??
?3.5?Any Advantage??
?3.6?Immediately and Unconditionally??
?3.7?Exceptions under the Enabling Clause??
?3.8?Conclusion??
?4?Compatibility of Trade Measures on Child Labour with GATT Art. II
?5?Trade Measures Concerning Child Labour under GATT Art. III
?5.1?Overview over the Structure and Scope of ?GATT? Art. ?III???
?5.2?The Coverage of ?GATT Art. ?III in Relation to ?PPM?-Measures??
?5.3?Like Products??
?5.4?Equality of Treatment??
?5.5?Contextual Approach??
?5.6?Ius Cogens??
?5.7?Conclusion??
?6?Application of the Results found under GATT Art. III to GATT Art. I
?6.1?Introduction??
?6.2?Like Products??
?6.3?Regulatory Purposes and Ius Cogens??
?6.4?'Asymmetric Impact'
?6.5?'Supply Substitutability' and 'Inherence' Test??
?6.6?Conclusion??
?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
?8.1?Trade Measures on Child Labour as Quantitative Restrictions??
?8.2?The 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
?10.1?Overview over the Scope and Structure of ?GATT Art. ?XX???
?10.2?The Public Morals Exception??
?10.3?Human Life and Health??
?10.4?Prison Labour??
?10.5?The Chapeau of ?GATT? Art. ?XX???
?10.6?Burden of Proof??
?10.7?Conclusion??
?11?Trade Measures Concerning Child Labour under GATT Art. XXI
?11.1?Introduction??
?11.2?GATT? Art. ?XXI? (b) (iii)??
?11.3?GATT? Art. ?XXI? (c)??
?11.4?Conclusion??
?12?Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade
?12.1?Introduction??
?12.2?Scope of Application??
?12.3?Substantive Provisions of the TBT? Agreement??
?12.4?Conclusion??
?13?Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement
?13.1?Introduction??
?13.2?Art. ?IV? - General Principles??
?13.3?Art. VIII? - Conditions for Participation??
?13.4?Art. ?X - Technical Specifications and Tender Documentation??
?13.5?Art. ?XV? - Treatment of Tenders and Awarding of Contracts??
?13.6?Art. ?III? - General Exceptions??
?13.7?Conclusion??
?14?Non-?WTO Norms as a Defence for Trade Measures on Child Labour
?14.1?Introduction??
?14.2?The Jurisdiction of ?WTO? Panels??
?14.3?The Applicable Law??
?14.4?Conclusion??
?15?Conclusion of Chapter 2
3???A Constitutionalist Approach to International Law??
?1?Introduction
?2?Different Approaches to International Law
?2.1?Legal Interpretation??
?2.2?New Haven School??
?2.3?Feminist Approaches to International Law??
?2.4?Global Legal Pluralism and Conflicts-Law Approach??
?2.5?Global Administrative Law??
?2.6?International Public Authority??
?2.7?Constitutional Approaches??
?3?A New Legal Humanism
?3.1?Limits of Hart's Positivism and Kelsen's 'Pure Law Theory'
?3.2?Towards More Natural Law??
?3.3?The Quest for Global Values??
?3.4?Core Elements of a New Legal Humanism??
4???Implications 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
?3.1?The Traditional Doctrine of Direct Effect??
?4?Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour
?4.1?Introduction??
?4.2?Trade-and Country-Related Child Labour??
?4.3?Institutional Framework??
?4.4?Cooperative Activities??
?4.5?Dispute Settlement??
?4.6?Human Rights Obligations for Companies???
?5?Conclusion
5???Concluding Summary??
?1?Summary of Results
?1.1?Chapter 1??
?1.2?Chapter 2??
?1.3?Chapter 3??
?1.4?Chapter 4??
?2?Epilogue
Bibliography??
Table of ?WTO Reports??
Table of ?GATT? 1947 Reports??
Index??
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
International Law; Trade; Human Rights; (GATT) National Treatment Clause / equal treatment / non-discrimination; (GATT) Most-Favoured-Nation Clause; Non-Discrimination principles of GATT; Product-Process Doctrine (PPMs); (GATT) Public Morals Exception; Like Products; State Responsibility; (TBT) Agreement / Agreement on Technical Barriers to Trade; Ius Cogens; Constitutionalization; legal pluralism; Human Rights Due Diligence
