The Future of Human Rights Impact Assessments of Trade Agreements

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9789050959865 | 9050959865
Cover: Paperback
Copyright: 10/15/2009

Rent

(Recommended)

$56.75

Term

Due

Price

Semester

Dec 13

$63.06

Quarter

Sep 13

$59.90

Short Term

Aug 16

$56.75

*This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping cart.
Buy New

Usually Ships in 3-5 Business Days

$86.15

In an age of globalization, free trade should be synonymous with prosperity for all. Yet too often small farmers, indigenous peoples, people with HIV and others are left out of the picture. The Future of Human Rights Impact Assessments of Trade Agreements proposes a new way to make free trade work for all people. It examines how trade pacts can benefit people but can also threaten their basic human rights to access food, medicines and education or to protect their cultural heritage and develops a step-by-step process to identify the human impacts of trade before trade pacts are finalized. A case study examines the impact of a US-Central American trade agreement on access to medicines in Costa Rica to demonstrate how the step-by-step process works in practice. The process works, but more efforts are needed to make sure such assessments of trade policies become standard practice. Human rights NGOs and academics but also governments should lead the way in the future. The Future of Hum

Acknowledgements	p. vii
List of Abbreviations	p. xiii
Introduction	p. 1
The call for human rights impact assessments of trade agreements	p. 1
The origins of human rights impact assessments in environmental and social assessment	p. 3
Ex ante impact assessments of trade agreements	p. 7
Research question and structure	p. 9
A Human Rights Framework For Impact Assessment of Trade Agreements	p. 13
Introduction	p. 13
Human rights: what rights, whose rights and whose obligations?	p. 13
What human rights are subject of impact assessments of trade agreements?	p. 13
Are market freedoms human rights?	p. 17
Whose rights are subject of Human Rights Impact Assessments of trade agreements?	p. 19
What actors are subject to Human Rights Impact Assessments of trade agreements?	p. 21
A proposed framework for Human Rights Impact Assessments	p. 30
A rights-based approach to impact assessment	p. 30
Human rights should be the explicit subject of a HRIA	p. 30
The process of the assessment should respect human rights	p. 34
The impact assessment should contribute to building the capacity of rights-holders and duty-bearers	p. 36
The impact assessment should involve human rights actors	p. 37
Original aspects of the human rights framework	p. 39
Two social impact assessment frameworks	p. 39
Areas of overlap between human rights and social impact assessment frameworks	p. 40
Original aspects of the Human Rights Impact Assessment framework	p. 43
Conclusions	p. 49
A Methodology for Human Rights Impact Assessments of Trade Agreements	p. 51
Introduction	p. 51
Trade agreements subject to Human Rights Impact Assessments	p. 52
The content of trade agreements	p. 52
Sectors relevant to Human Rights Impact Assessments	p. 59
Ten categories of impact of trade agreements on human rights	p. 61
Trade law complements human rights law	p. 62
Trade agreements promote the growth and resources necessary for the progressive realization of human rights	p. 65
Trade agreements can breach human rights in practice	p. 66
Trade agreements can limit government capacity to promote human rights	p. 69
Trade agreements lead to a 'race-to-the-bottom' in human rights protection as countries try to compete on global markets	p. 72
Trade agreements limit the use of trade measures to improve the enjoyment of human rights abroad	p. 74
Trade law conflicts with human rights law	p. 77
Enforcement of trade agreements is stronger than human rights enforcement which could lead to a prioritization of trade law over human rights law	p. 79
Trade agreements and trade institutions fail to respect the right to take part in the conduct of public affairs	p. 83
Trade 'values' threaten human rights 'values'	p. 84
A step-by-step process	p. 86
General process	p. 86
Step one: Preparation	p. 89
Step two: Screening	p. 92
Step three: Scoping	p. 93
Step four: Analysis	p. 98
Step five: Recommendations	p. 99
Step six: Monitoring and evaluation	p. 101
Step seven: Preparation of the report	p. 102
Data collection and analysis	p. 103
Qualitative, quantitative and mixed-methods	p. 103
Human rights indicators	p. 106
Techniques for collecting and analyzing data	p. 114
Conclusion	p. 121
Assessment of Cafta: The Impact of Intellectual Property Protection on the Right to Health and Related Rights in Costa Rica	p. 123
Introduction	p. 123
Step 1: Preparation	p. 125
Step 2: Screening	p. 129
Step 3: Scoping	p. 134
Introduction	p. 134
Intellectual property protection and access to medicines in CAFTA	p. 134
Human rights and access to medicines in Costa Rica	p. 149
Identification of potential impacts	p. 155
Assessment techniques	p. 156
Human rights indicators	p. 158
Step four: Analysis	p. 162
Introduction	p. 162
Step one: Impacts of CAFTA on extending market exclusivity of IP protected pharmaceuticals	p. 162
Step two: Impact of extended market exclusivity on prices	p. 167
Step three: Impact on human rights	p. 171
Indicators in light of the introduction of the TRIPS plus provisions	p. 183
Step five: Conclusions and recommendations	p. 184
Step 6: Monitoring and evaluation	p. 186
Benefits and Risks of Human Rights Impact Assessments of Trade Agreements	p. 187
Introduction	p. 187
Benefits of Human lights Impact Assessments of trade agreements	p. 187
A comprehensive framework	p. 187
A more objective standard	p. 191
A developed analytical framework	p. 192
A limitation to 'trade-offs'	p. 196
Legal accountability	p. 198
A supportive network of actors	p. 200
Conclusions	p. 201
Risks of Human Rights Impact Assessments of trade agreements	p. 201
Politicization	p. 201
Annexation	p. 203
Externalization	p. 205
Imbalance	p. 205
Feasibility	p. 206
Conclusions	p. 209
Final Observations	p. 211
Intellectual Property Protection in the TRIPS Agreement relevant to access to medicines	p. 221
Intellectual Property Protection of Pharmaceuticals in Practice	p. 225
Samenvatting	p. 227
Bibliography	p. 231
Curriculum vitae	p. 247
Table of Contents provided by Ingram. All Rights Reserved.

Please wait while the item is added to your bag...

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

The Future of Human Rights Impact Assessments of Trade Agreements

Summary

Table of Contents

Supplemental Materials