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Poverty and the International Economic Legal System
Duties to the World's Poor

$144.00 (C)

Krista Nadakavukaren Schefer, Colin B. Picker, Gabrielle Marceau, Thomas Cottier, Bryan Mercurio, Christian Häberli, Pasha Hsieh, Emmanuel Laryea, J. J. Gass, Mariel Dimsey, Stephan Wilske, Willa Obel, Markus Krajewski, Christopher Kee, Brooks W. Daly, Sarah Melikian, Mariana Hernandez Crespo, Stuart Kerr, Gavin Bingham, Ben Thirkell-White, Ross P. Buckley, Mark S. Ellis, Celine Tan, Yvonne Wong, Mark Pieth, Barnali Choudhury, Caroline Hess-Klein, Aline Doussin, Stephanie B. Leinhardt, Monica Hakimi, Samantha Besson
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  • Date Published: April 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107032743

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About the Authors
  • With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.

    • Separates questions of poverty reduction from the issue of development in order to focus on how the international economic legal system impacts individuals and not just states
    • Provides a broad view of the global economic system and the place of poverty in it
    • Highlights where the systems themselves are in need of change and where it is individual state policies that need to change in order to reduce poverty
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    Reviews & endorsements

    "This important book demonstrates that, at the very least, there are difficulties remaining from a legal - and, of course, practical - standpoint in using a human rights framework to establish international or extraterritorial state duties for the world’s poor … [it is] a valuable read on a number of levels, encompassing a variety of content, which should encourage further research not only in relation to extending human rights doctrine on a transnational basis but also in relation to the development and use of other legal mechanisms to alleviate poverty."
    Elaine Kellman, Global Law Books (www.globallawbooks.org/home.asp)

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    Product details

    • Date Published: April 2013
    • format: Hardback
    • isbn: 9781107032743
    • length: 500 pages
    • dimensions: 231 x 150 x 30 mm
    • weight: 0.83kg
    • contains: 1 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Poverty and International Law: Setting out the Framework:
    1. Poverty, obligations and the international economic legal system: what are our duties to the global poor? Krista Nadakavukaren Schefer
    2. Anti-poverty v. the international economic legal order? A legal cultural critique Colin B. Picker
    Part II. IEL Institutions and Poverty: Part IIA. Trade:
    3. Introductory note: trade and poverty Gabrielle Marceau
    4. Poverty, redistribution and international trade regulation Thomas Cottier
    5. Trade liberalisation and poverty reduction: complementary or contradictory aims? Bryan Mercurio
    6. God, the WTO and hunger Christian Häberli
    7. Does free trade matter for poverty reduction? The case of ASEAN Pasha Hsieh
    8. Poverty alleviation through paperless trade Emmanuel Laryea
    Part IIB. Investment and Arbitration:
    9. Arbitration, insurance, investment, corruption, and poverty: introduction J. J. Gass
    10. Foreign direct investment and the alleviation of poverty: is investment arbitration falling short of its goals? Mariel Dimsey
    11. The 'corruption objection' to jurisdiction in investment arbitration: does it really protect the poor? Stephan Wilske and Willa Obel
    12. Investment guarantees and international obligations to reduce poverty: a human rights perspective Markus Krajewski
    13. International commercial arbitration and poverty: not obvious but (maybe) possible Christopher Kee
    14. Access to justice in dispute resolution: financial assistance in international arbitration Brooks W. Daly and Sarah Melikian
    15. From problem to potential: the need to go beyond investor-state disputes and integrate civil society, investors and state at the local level Mariana Hernandez Crespo
    16. The Millennium Challenge Corporation, law, and poverty reduction Stuart Kerr
    Part IIC. International Financial Regulation:
    17. Reflections on law and poverty Gavin Bingham
    18. Ambitious goals, limited tools? The IMF and poverty reduction Ben Thirkell-White
    19. The direct contribution of the international financial system to global poverty Ross P. Buckley
    20. The World Bank: fighting poverty: ideology versus accountability Mark S. Ellis
    21. Life, debt and human rights: contextualising the international regime for sovereign debt relief Celine Tan
    22. Sovereign debt, odious debt and the poverty of nations Yvonne Wong
    23. Poverty and corruption Mark Pieth
    Part III. IEL and Poverty: Concerns of Particularly Vulnerable Populations:
    24. International economic law, women and poverty Barnali Choudhury
    25. The book famine: international copyright rules as barriers to knowledge for impoverished persons with disabilities Caroline Hess-Klein
    26. Caring for its children!: How the European Union uses free movement law to tackle child poverty and social exclusion Aline Doussin
    Part IV. Challenging Our Assumptions: Is there a Duty to Reduce Poverty?:
    27. Introduction Stephanie B. Leinhardt and Krista Nadakavukaren Schefer
    28. Human rights obligations of the poor Monica Hakimi
    29. The allocation of anti-poverty rights duties: our rights, but whose duties? Samantha Besson
    Part V. Conclusions:
    30. Closing thoughts Krista Nadakavukaren Schefer.

  • Editor

    Krista Nadakavukaren Schefer, Universität Basel, Switzerland
    Krista Nadakavukaren Schefer holds a Swiss National Research Foundation Professorship at the University of Basel Law School, where she teaches international economic law. She also teaches at the World Trade Institute, University of Bern.

    Contributors

    Krista Nadakavukaren Schefer, Colin B. Picker, Gabrielle Marceau, Thomas Cottier, Bryan Mercurio, Christian Häberli, Pasha Hsieh, Emmanuel Laryea, J. J. Gass, Mariel Dimsey, Stephan Wilske, Willa Obel, Markus Krajewski, Christopher Kee, Brooks W. Daly, Sarah Melikian, Mariana Hernandez Crespo, Stuart Kerr, Gavin Bingham, Ben Thirkell-White, Ross P. Buckley, Mark S. Ellis, Celine Tan, Yvonne Wong, Mark Pieth, Barnali Choudhury, Caroline Hess-Klein, Aline Doussin, Stephanie B. Leinhardt, Monica Hakimi, Samantha Besson

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