Freedom of Trade

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Stephen Meardon - One of the best experts on this subject based on the ideXlab platform.

  • reciprocity and henry c carey s traverses on the road to perfect Freedom of Trade
    Journal of The History of Economic Thought, 2011
    Co-Authors: Stephen Meardon
    Abstract:

    Free Trade and protectionist doctrines have long had ambiguous relationships to bilateral Trade deals, known throughout the nineteenth century as “reciprocity” arrangements. Henry C. Carey, “the Ajax of Protection” in the nineteenth-century United States, embodies the ambiguity from one side of the controversy. Carey’s early adulthood in the mid- to late 1820s was a time when the forerunners of the Whig Party pursued reciprocity at least partly as a means of fostering protection. In the 1830s, Carey, too, endorsed reciprocity—because he stood for free Trade and believed reciprocity would promote it. In the 1840s and 1850s Carey changed his mind, decided that protection was the real “road to perfect Freedom of Trade,” and for that reason opposed reciprocity with Canada. In the 1870s he remained a protectionist but reconciled his doctrine with reciprocity. This article attempts to explain the changes in the disposition toward reciprocity of America’s foremost protectionist thinker from the Second Party System to the generation after the Civil War.

  • reciprocity and henry c carey s traverses on the road to perfect Freedom of Trade
    Social Science Research Network, 2010
    Co-Authors: Stephen Meardon
    Abstract:

    Free Trade and protectionist doctrines have long had ambiguous relationships to bilateral Trade deals, known throughout the nineteenth century as “reciprocity” arrangements. Henry C. Carey, “the Ajax of Protection” in the nineteenth-century United States, represents well the ambiguity from one side of the controversy. Carey’s early adulthood in the mid to late 1820s was a time when the forerunners of the Whig Party pursued reciprocity at least partly as a means of fostering protection. In the 1830s, Carey, too, endorsed reciprocity – because he stood for free Trade and believed reciprocity would promote it. In the 1840s and 1850s Carey changed his mind, decided that protection was the real “road to perfect Freedom of Trade,” and for that reason opposed reciprocity with Canada. In the 1870s he remained a protectionist but reconciled his doctrine with reciprocity. This paper attempts to explain the changes in the disposition toward reciprocity of America’s foremost protectionist thinker from the Second Party System to the generation after the Civil War.

Clair Gammage - One of the best experts on this subject based on the ideXlab platform.

  • protecting human rights in the context of free Trade the case of the sadc group economic partnership agreement
    European Law Journal, 2014
    Co-Authors: Clair Gammage
    Abstract:

    As free Trade agreements proliferate, the relationship between Trade and human rights continues to attract attention across academic disciplines. The linkages between human rights and liberal Trade rules have been the subject of debate for some time. Since most countries tend to afford constitutional protection to both human rights and Freedom of Trade, there appears to be an inescapable connection between the two regimes. In theory, at least, economic growth should improve human rights standards and conditionality can be one way through which human rights compliance is achieved. However, in practice, States often pursue economic objectives that conflict with their human rights obligations. This article explores the linkages and potential conflicts between human rights and Trade in the context of regional Trade agreements, with a focus on the interim Economic Partnership Agreement between the European Union and the Southern African Development Community Group.

Cees Van Dam - One of the best experts on this subject based on the ideXlab platform.

  • tort law and human rights brothers in arms on the role of tort law in the area of business and human rights
    Journal of European Tort Law, 2011
    Co-Authors: Cees Van Dam
    Abstract:

    Over the past decades, transnational corporations (TNCs) have come under increasing public scrutiny for their involvement in human rights violations, particularly in developing countries. One may think of child and slave labour in the supply chain, cooperation with violent or corrupt regimes, and grand scale environmental pollution. Legal protection for victims of human rights violations against TNCs is poor. Public international law protects the Freedom of Trade but does not regulate the way companies use this Freedom. Moreover, it is disputed whether international human rights law can impose obligations on companies. This has triggered the question what role national tort laws can play to fill this protection gap. This article first paints the factual background and the lack of international rules protecting victims of human rights violations (Section I). Section II lists the practical and legal problems victims face if they want to hold a TNC to account (such as fact-finding, forum, and applicable law). Section III provides an overview of tort law claims filed against TNCs in the United States and Europe. Finally, Section IV analyses the standard of care in tort law for a TNC to prevent its involvement in human rights violations, particularly through its subsidiaries and suppliers.

Michael Bishop - One of the best experts on this subject based on the ideXlab platform.

  • constitutional law of south africa
    2013
    Co-Authors: Stu Woolman, Michael Bishop
    Abstract:

    Practice, Procedures, and Institutions: Introduction structure of constitutional analysis history interpretation courts and the administration of justice jurisdiction of courts procedure or rules in constitutional matters constitutional litigation standing, ripeness, mootness amicus remedies structures of government democracy rule of law separation of powers founding provisions co-operative government legislative competence conflicts national legislative authority national executive authority provincial legislative authority provincial executive authority provincial constitutions local government public administration institutions supporting constitutional democracy public protector auditor general Human Rights Commission Commission for Gender Equality Independent Communication Authority of South Africa (ICASA) Commission for promotion & protection of the rights of cultural, religious and linguistic communities public procurement traditional leadership public finances transitional provisions on executive authority, assets and liabilities elections international law and international agreements. The Bill of Rights: Operational provisions application interpretation of the Bill of Rights interpretation of socio-economic rights limitation substantive provisions equality dignity reproductive rights privacy life Freedom and security of the person Freedom of religion, belief and opinion expression Freedom of assembly Freedom of association political rights property children's rights land sentencing and punishment environment criminal procedure evidence labour relations Freedom of Trade, occupation and profession housing. Socio-economic rights: Introduction health water food social security education language and culture cultural, religious & linguistic communities access to courts state of emergency access to information just administrative action slavery, servitude and forced labour official languages movement and residence citizenship

Paul J I M De Waart - One of the best experts on this subject based on the ideXlab platform.

  • economic sanctions infringing human rights is there a limit
    2015
    Co-Authors: Paul J I M De Waart
    Abstract:

    The present chapter pursues the question to what extent contemporary international law puts a check on the adverse effects economic sanctions have on individual human rights, particularly economic, social, and cultural rights. It deals with economic coercion from the perspective of its objective: restoration of legality or political influence in domestic affairs. The relationship between Freedom of Trade and economic sanctions is discussed. Finally, the focus is on the significance of the adoption of the Guiding Principles on Extreme Poverty and Human Rights for setting a limit to economic sanctions that violate the core content of economic human rights. The basic assumption of the author is that public international law is really law. In view of this, the present state of the art in the ongoing debate on general international law as law will be briefly discussed, for which the new Max Planck Encyclopedia of Public International Law acts as guide.