Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Trade Law (WTO/GATT, AD/CVD, (5)
- Dispute Resolution (4)
- International Human Rights Law (4)
- International Environmental Law (3)
- Regional Trade Agreements (3)
-
- Regional trade agreements (3)
- Anti-dumping (2)
- Countervailing duties (2)
- FTAA (2)
- Human rights (2)
- NAFTA (2)
- Trade and civil society (2)
- Trade and human rights (2)
- Trade remedies (2)
- WTO (2)
- Alien tort statute (1)
- Alternative dispute resolution (1)
- Binational panel review (1)
- Biodiversity (1)
- Brettons Woods System (1)
- Customary law (1)
- Dispute resolution (1)
- Dispute settlement (1)
- GATT Exceptions (1)
- Global harm principle (1)
- Human rights law (1)
- Human rights violation remedies (1)
- Indigenous populations (1)
- Informal economy (1)
- International Law (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Stephen Joseph Powell
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …
Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell
Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell
Stephen Joseph Powell
This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.
Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum
Straight Talk About A Complex Issue: The U.S. Standard Of Judicial Review Of Antidumping And Countervailing Duty Determinations: An Important Challenge For Nafta Panels, Stephen J. Powell, Elizabeth C. Seastrum
Stephen Joseph Powell
One of the most important and controversial legal issues arising in connection with binational dispute settlement panels under the North American Free Trade Agreement (“NAFTA”) and its predecessor, the United States-Canada Free Trade Agreement (“CFTA”), has been the standard of judicial review that panels must apply to U.S. antidumping (“AD”) and countervailing duty (“CVD”) cases. This standard generated particular controversy in three cases involving substantial amounts of trade from Canada into the United States -- lumber, swine, and frozen pork. The United States contended that panels reviewing U.S. agencies' decisions in those cases incorrectly applied the standard of review by …
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen Powell
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen Powell
Stephen Joseph Powell
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …
Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro
Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro
Stephen Joseph Powell
Past research confirms that trade and human rights are inextricably linked by trade's effects on poverty, labor, women, indigenous populations, health, and the environment. We identified surprisingly direct linkages between these two vital policies in WTO agreements as well as that regional trade agreements add positive indirect contributions by to rules-based governance through their emphasis on transparency, accountability, and due process by governments, as well as timeliness, inclusive record keeping, and impartiality in the administrative decisional process. The present research examines a particular country and a single trade agreement, Peru and the trade agreement between Peru and the United States. …
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Stephen Joseph Powell
States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …
Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell
Regional Economic Arrangements And The Rule Of Law In The Americas: The Human Rights Face Of Free Trade Agreements, Stephen Powell
Stephen Joseph Powell
In past studies, we explored the more visible and controversial linkages between international trade law and non-trade issues that span a broad range of vital interests we may collectively describe as human rights law. We have addressed the widespread criticism that international trade rules are insensitive to basic human rights and that globalization has done little with its enormous power to preserve exhaustible natural resources and otherwise promote sustainable development, to alleviate the gap between rich and poor, to encourage states to grant their citizens basic human rights contained in U.N. treaties, to resolve the often conflicting policies underlying essential …
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell
Stephen Joseph Powell
WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …