Human Rights and International Economic Law

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

Ostensibly, international human rights law and international economic law (incorporating international trade law and international investment law) seek to achieve similar outcomes, namely the protection of certain rights so as to promote human flourishing. However, compatibility between international economic law and human rights law cannot be presumed. While restrictions on, for example, protectionism can undoubtedly have positive human rights effects, there are significant areas of divergence. For example, international trade law is widely acknowledged as being biased against poorer countries, and swift trade liberalisation may in fact undermine a State’s ability to implement its obligations regarding economic social and cultural rights. Direct conflicts between the regimes may arise with regard to the implementation of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). A number of arbitrations under bilateral investment treaties have posed possible threats to a State’s capacity to fulfil human rights. Finally, a chilling impact on human rights implementation may arise from the loss of policy space which flows from international economic law. Ultimately, international economic law focuses on the rights of a privileged few, namely foreign traders and investors, which may lead to the inevitable prioritisation of their rights when they clash with or otherwise detract from the human rights of others. Such a prioritisation is unfortunate if it adds to the capacity for powerful entities to override the interests of the powerless and marginalised.
Original languageEnglish
Title of host publicationEuropean Yearbook of International Economic Law 2016
EditorsMarc Bungenberg, Christoph Herrmann, Markus Krajewski, Jorg Philipp Terhechte
Place of PublicationSwitzerland
PublisherSpringer
Pages461-484
Number of pages24
Edition1st
ISBN (Electronic)9783319292151
ISBN (Print)9783319292144
DOIs
Publication statusPublished - 2016

Publication series

NameEuropean Yearbook of International Economic Law
PublisherSpringer International Publishing
Volume7
ISSN (Print)2364-8392
ISSN (Electronic)2364-8406

Cite this

Joseph, S. L. (2016). Human Rights and International Economic Law. In M. Bungenberg, C. Herrmann, M. Krajewski, & J. P. Terhechte (Eds.), European Yearbook of International Economic Law 2016 (1st ed., pp. 461-484). (European Yearbook of International Economic Law ; Vol. 7). Switzerland: Springer. https://doi.org/10.1007/978-3-319-29215-1_18
Joseph, Sarah Louise. / Human Rights and International Economic Law. European Yearbook of International Economic Law 2016. editor / Marc Bungenberg ; Christoph Herrmann ; Markus Krajewski ; Jorg Philipp Terhechte. 1st. ed. Switzerland : Springer, 2016. pp. 461-484 (European Yearbook of International Economic Law ).
@inbook{e7e70ca8b6b04dd2a452fa83fa1155c7,
title = "Human Rights and International Economic Law",
abstract = "Ostensibly, international human rights law and international economic law (incorporating international trade law and international investment law) seek to achieve similar outcomes, namely the protection of certain rights so as to promote human flourishing. However, compatibility between international economic law and human rights law cannot be presumed. While restrictions on, for example, protectionism can undoubtedly have positive human rights effects, there are significant areas of divergence. For example, international trade law is widely acknowledged as being biased against poorer countries, and swift trade liberalisation may in fact undermine a State’s ability to implement its obligations regarding economic social and cultural rights. Direct conflicts between the regimes may arise with regard to the implementation of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). A number of arbitrations under bilateral investment treaties have posed possible threats to a State’s capacity to fulfil human rights. Finally, a chilling impact on human rights implementation may arise from the loss of policy space which flows from international economic law. Ultimately, international economic law focuses on the rights of a privileged few, namely foreign traders and investors, which may lead to the inevitable prioritisation of their rights when they clash with or otherwise detract from the human rights of others. Such a prioritisation is unfortunate if it adds to the capacity for powerful entities to override the interests of the powerless and marginalised.",
author = "Joseph, {Sarah Louise}",
year = "2016",
doi = "10.1007/978-3-319-29215-1_18",
language = "English",
isbn = "9783319292144",
series = "European Yearbook of International Economic Law",
publisher = "Springer",
pages = "461--484",
editor = "Marc Bungenberg and Christoph Herrmann and Markus Krajewski and Terhechte, {Jorg Philipp}",
booktitle = "European Yearbook of International Economic Law 2016",
edition = "1st",

}

Joseph, SL 2016, Human Rights and International Economic Law. in M Bungenberg, C Herrmann, M Krajewski & JP Terhechte (eds), European Yearbook of International Economic Law 2016. 1st edn, European Yearbook of International Economic Law , vol. 7, Springer, Switzerland, pp. 461-484. https://doi.org/10.1007/978-3-319-29215-1_18

Human Rights and International Economic Law. / Joseph, Sarah Louise.

European Yearbook of International Economic Law 2016. ed. / Marc Bungenberg; Christoph Herrmann; Markus Krajewski; Jorg Philipp Terhechte. 1st. ed. Switzerland : Springer, 2016. p. 461-484 (European Yearbook of International Economic Law ; Vol. 7).

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

TY - CHAP

T1 - Human Rights and International Economic Law

AU - Joseph, Sarah Louise

PY - 2016

Y1 - 2016

N2 - Ostensibly, international human rights law and international economic law (incorporating international trade law and international investment law) seek to achieve similar outcomes, namely the protection of certain rights so as to promote human flourishing. However, compatibility between international economic law and human rights law cannot be presumed. While restrictions on, for example, protectionism can undoubtedly have positive human rights effects, there are significant areas of divergence. For example, international trade law is widely acknowledged as being biased against poorer countries, and swift trade liberalisation may in fact undermine a State’s ability to implement its obligations regarding economic social and cultural rights. Direct conflicts between the regimes may arise with regard to the implementation of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). A number of arbitrations under bilateral investment treaties have posed possible threats to a State’s capacity to fulfil human rights. Finally, a chilling impact on human rights implementation may arise from the loss of policy space which flows from international economic law. Ultimately, international economic law focuses on the rights of a privileged few, namely foreign traders and investors, which may lead to the inevitable prioritisation of their rights when they clash with or otherwise detract from the human rights of others. Such a prioritisation is unfortunate if it adds to the capacity for powerful entities to override the interests of the powerless and marginalised.

AB - Ostensibly, international human rights law and international economic law (incorporating international trade law and international investment law) seek to achieve similar outcomes, namely the protection of certain rights so as to promote human flourishing. However, compatibility between international economic law and human rights law cannot be presumed. While restrictions on, for example, protectionism can undoubtedly have positive human rights effects, there are significant areas of divergence. For example, international trade law is widely acknowledged as being biased against poorer countries, and swift trade liberalisation may in fact undermine a State’s ability to implement its obligations regarding economic social and cultural rights. Direct conflicts between the regimes may arise with regard to the implementation of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). A number of arbitrations under bilateral investment treaties have posed possible threats to a State’s capacity to fulfil human rights. Finally, a chilling impact on human rights implementation may arise from the loss of policy space which flows from international economic law. Ultimately, international economic law focuses on the rights of a privileged few, namely foreign traders and investors, which may lead to the inevitable prioritisation of their rights when they clash with or otherwise detract from the human rights of others. Such a prioritisation is unfortunate if it adds to the capacity for powerful entities to override the interests of the powerless and marginalised.

U2 - 10.1007/978-3-319-29215-1_18

DO - 10.1007/978-3-319-29215-1_18

M3 - Chapter (Book)

SN - 9783319292144

T3 - European Yearbook of International Economic Law

SP - 461

EP - 484

BT - European Yearbook of International Economic Law 2016

A2 - Bungenberg, Marc

A2 - Herrmann, Christoph

A2 - Krajewski, Markus

A2 - Terhechte, Jorg Philipp

PB - Springer

CY - Switzerland

ER -

Joseph SL. Human Rights and International Economic Law. In Bungenberg M, Herrmann C, Krajewski M, Terhechte JP, editors, European Yearbook of International Economic Law 2016. 1st ed. Switzerland: Springer. 2016. p. 461-484. (European Yearbook of International Economic Law ). https://doi.org/10.1007/978-3-319-29215-1_18