By Simon Walker
In an age of globalization, loose alternate might be synonymous with prosperity for all. but too frequently, small farmers, indigenous peoples, individuals with HIV, and others are passed over of the image. This ebook proposes a brand new approach to make loose exchange paintings for each person. It examines how alternate pacts can profit humans, yet may also threaten their easy human rights to entry nutrients, medicinal drugs, and schooling, or to guard their cultural historical past. It develops a step by step procedure to spot the human affects of alternate earlier than alternate pacts are finalized. A case learn examines the impression of a US-Central American alternate contract on entry to medicinal drugs in Costa Rica, to illustrate how the step by step approach works in perform. the method works, yet extra efforts are had to ascertain such exams of alternate rules turn into typical perform. Human rights NGOs and teachers, in addition to governments, should still prepared the ground sooner or later. the way forward for Human Rights effect exams of exchange Agreements is critical for every person who think that globalization can do extra, not only for firms and the financial system, yet for everybody, even the poorest.
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Extra resources for The Future of Human Rights Impact Assessments of Trade Agreements (School of Human Rights Research)
12/2000/4: para. 33). 33 While the assessments he is referring to are assessments of planned corporate activities on the enjoyment of human rights, rather than of trade agreements, human rights impact assessments of trade agreements could provide a link to corporate due diligence. In particular, where an impact assessment of a trade agreement identifies potential risks to the enjoyment of human rights, the assessment could act as a trigger for relevant trading corporations to examine the need for undertaking their own impact assessments in the context of their specific trading activities.
12/1999/5: paras 36, 37). , p. 7. 51 The ICJ’s Advisory Opinion provides support for the position that States do carry responsibilities to respect human rights beyond their own territories and where they have effective control. Unlike ICESCR, ICCPR has a clearer domestic focus. Article 2(1) of the Covenant establishes that States Parties undertake to respect and ensure civil and political rights to all individuals within its territories and the ICCPR does not include any specific reference to international cooperation within its section on obligations.
39 The inclusion of judicial mechanisms appears to acknowledge that the corporate duty to respect could amount to a legal obligation, at least in some situations. The methodology for an HRIA on trade agreements should therefore ensure that it examines not only States obligations but also the corporate duty to respect human rights. This is so despite the fact that the corporate duty to respect has been derived essentially from soft law instruments and that no international human rights instrument has yet explicitly recognized a legal obligation on business enterprises to respect human rights.