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The EU, World Trade Law and the Right to Food: Rethinking Free Trade Agreements with Developing Countries

The EU, World Trade Law and the Right to Food: Rethinking Free Trade Agreements with Developing Countries

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509916207
  • 出版时间 August 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509943746
¥1,057.50
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  • 描述 
  • 大纲 
  • 详细

    In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries.

    This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lenses of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations.

    This outcome appears in contrast with international human rights law and dismissive of existing human rights references in EU founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests.

    The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements, and argues that the EU does have the competences and influence to have a role of international leadership in designing a sustainable global trading system.

    Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.

  • 1. Introduction
    I. Why a Book on Human Rights and International Trade Agreements?
    II. Area of Research
    III. Objective of the Book
    IV. Book Outline
    2. The Right to Food in International Law
    I. Introduction
    II. The Content of the Right to Food
    III. State Duties
    IV. The Right to Food and the Negotiation of Trade Agreements
    V. Defragmenting International Law: Paths of Legal Dialogue between Human Rights and Trade Law and the Role of the EU
    VI. Conclusions
    3. Realising the Right to Food in the Global Food Market
    I. Introduction
    II. Market Failures
    III. Limits of Development Aid and Domestic Policies
    IV. Vulnerable Categories
    V. The Role of the European Union
    VI. Conclusions
    4. The EU External Trade Policy and the EU External Food Security Policy
    I. Introduction
    II. The Influence of the EU on International Trade Law: Institutional Dimension
    III. The EU Trade Strategy
    IV. The Right to Food in the External Relations of the EU
    V. Food Security in the Negotiations of Free Trade Agreements
    VI. Conclusions
    5. The Right to Food in the WTO
    I. Introduction
    II. Import Restrictions
    III. Safeguards
    IV. The Special Safeguards (SSG)
    V. The Enabling Clause, Waivers and Free Trade Agreements
    VI. Export Restrictions
    VII. Conclusions
    6. The EU–CARIFORUM Economic Partnership Agreement
    I. Introduction
    II. The EU–CARIFORUM Economic Partnership Agreement
    III. Import Restrictions
    IV. Safeguards
    V. Export Restrictions
    VI. Conclusions
    7. The Economic Partnership Agreements between the EU and Sub-Saharan Africa
    I. Introduction
    II. The State of Negotiations between the EU and Africa
    III. Sub-Saharan Africa’s Economic and Legal Setting
    IV. Import Restrictions
    V. Safeguards
    VI. Export Restrictions
    VII. Conclusions
    8. Conclusions
    I. Introduction
    II. Summary of the Main Findings of the First Four Chapters
    III. Main Findings of the Case Studies
    IV. An EU Trade Policy for Global Food Security
    V. The EU, the Right to Food and Developing Countries

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