Rethinking free trade, economic integration and human rights in the Americas / María Belén Olmos Giupponi.
2017
KDZ574 .O46 2017 (Map It)
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Details
Title
Rethinking free trade, economic integration and human rights in the Americas / María Belén Olmos Giupponi.
Published
Oxford, UK ; Portland, Oregon : Hart Publishing, 2017.
Call Number
KDZ574 .O46 2017
ISBN
9781849467445 (hardback)
1849467447 (hardback)
9781509904518 (ePDF)
9781509904525 (ePub)
1849467447 (hardback)
9781509904518 (ePDF)
9781509904525 (ePub)
Description
xviii, 429 pages ; 24 cm
System Control No.
(OCoLC)902659492
Summary
"This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities."--Page [i].
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Olmos Giupponi, María Belén. Rethinking free trade, economic integration and human rights in the Americas. Oxford ; Portland : Hart Publishing, 2017 9781509904525 (DLC) 2016054467
Record Appears in
Gift
Purchased from the income of the Soll Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Preface
vii
Acronyms and Abbreviations
xvii
Introduction
1
1.
Free Trade and Protection of Human Rights in the Americas
12
I.
Introduction
12
II.
Historical Overview of Integration in Latin America and the Caribbean
13
III.
Free Trade Agreements and Integration in the Americas: The Current Scenario
21
IV.
Making Free Trade Agreements More `Human Rights-Friendly'
25
V.
Trade and Development in the Americas: Balancing Trade and the Protection of Human Rights
27
A.
Human Rights as `Non-trade' Issues
33
B.
Inter-systemic Relations in the Field of Human Rights within the Framework of Subregional Free Trade Agreements
41
VI.
Principles Governing the Recognition and Protection of Human Rights in the Integration Agreements
46
A.
Democratic Principle in the Integration Processes
49
B.
Link between Democracy and Human Rights in the International Order: Special Consideration of the Americas
50
C.
Democratic Principle and Regional Integration Agreements
54
D.
Respect for and Guaranteeing of Human Rights as a Qualitative Component of Development
68
E.
Social Development in Latin American and Caribbean Integration
71
F.
Relationship between Development and Human Rights in Trade Agreements
72
G.
Features of Subregional Legal Systems and a `System' of Human Rights
75
H.
Legal Standing of the Regulations Issued by the Integration Agreements
77
I.
Autonomy, Direct Effect and Primacy of the Law of Integration
79
VII.
Social Dimension and the Protection of Human Rights in the Integration Process in Latin America and the Caribbean
87
A.
Progressive Inclusion of `Social Issues' in Economic Integration Agreements
88
B.
Social Dimension and the Protection of Human Rights
93
C.
Articulation of the Components of the Social Agenda and their Implications in the Field of Human Rights
96
D.
Adoption of `Common Social Policies' and their Impact on the Field of Human Rights
97
E.
Participation of Civil Society and the Articulation of Social Dialogue
107
F.
Development and Consolidation of the Concept of `Regional Citizenship'
116
2.
North American Free Trade Agreement (NAFTA) and The Protection of Human Rights
124
I.
Introduction
124
II.
NAFTA as an `Asymmetric Trade Agreement'
125
A.
NAFTA's Main Goals and Intergovernmental Bodies
126
III.
Human Rights: Environmental Protection and Labour Rights
128
A.
Introducing Human Rights Issues in NAFTA
129
B.
Main Achievements
130
C.
Case Law of NAFTA Tribunals: International Investment Law and International Human Rights Law
131
IV.
NAFTA Environmental and Labour Side Agreements
135
A.
NAFTA Environmental Side Agreement
136
B.
NAFTA Side Agreement on Labour Cooperation
138
V.
NAFTA and Migration
140
VI.
Perspectives of NAFTA Regarding the Protection of Human Rights
141
3.
Protection of Human Rights in the Caribbean Community (CARICOM)
143
I.
Introduction
143
II.
Evolution and Instruments on Human Rights Adopted within CARICOM
146
A.
Charter of Civil Society: Most Relevant Human Rights Legal Instrument in CARICOM
148
i.
Nature, Characteristics and Content of the Charter of Civil Society for the Caribbean Community
149
ii.
Key Features of this Legal Instrument
149
iii.
Legal Standing of the Charter
151
iv.
Content of the Charter: Civil and Political Rights
152
v.
Human Rights Mechanism Established by the Charter of Civil Society
157
III.
Protection of Economic, Social and Cultural Rights within CARICOM
158
A.
Charter of Civil Society and the Recognition of Economic, Social and Cultural Rights
160
B.
Key Features and Legal Standing of the Declaration of CARICOM on the Principles Governing Labour and Industrial Relations
168
C.
CARICOM Agreement on Social Security
172
D.
Other Legal Instruments of the Social Dimension and the Recognition of Rights
174
IV.
Recognition of the Right to Freedom of Movement and the Creation of the `Caribbean Citizenship'
181
V.
Institutions of the Caribbean Community and the Protection of Human Rights
186
A.
CARICOM Conference of Heads of Government and Human Rights
188
B.
Caribbean Court of Justice and the Protection of Human Rights
190
C.
Parliamentary Assembly of the Caribbean Community and Human Rights
195
D.
CARICOM's Council for Human and Social Development
197
VI.
Assessing the Implementation of the CARICOM Human Rights Provisions in Practice
198
4.
Protection of Human Rights within the Central American Integration System (SICA)
202
I.
Introduction
202
II.
Main Features of the Central American Integration Process and the Issues Relating to Human Rights
204
III.
Gradual Adoption of Legal Instruments Relating to the Protection of Human Rights
221
IV.
Central American Social Dimension and the Safeguarding of Human Rights
223
A.
Legal Standing and Scope of the Central American Social Integration Treaty
225
B.
Alliance for the Sustainable Development of Central America (ALIDES)
230
C.
Other Instruments Adopted within the Framework of the Central American Integration Relating to Human Rights
234
D.
Towards the Adoption of a Regional Policy on the Protection of Human Rights
238
i.
Protection of Environmental Rights
239
ii.
Right to Development and the Fight against Extreme Poverty
239
iii.
Rights of Migrants
239
iv.
Strengthening the Protection of Social Rights
239
v.
Right to Food and Food Security
240
vi.
Right to Equal Treatment and Gender Equality
240
vii.
Rights of Indigenous Peoples and Cultural Rights
241
viii.
Protection of Public Safety as a Fundamental Right
241
ix.
Children's Rights
241
x.
Right to Education and Reducing Inequality
242
V.
Hierarchy of the Legal Instruments on the Protection of Human Rights
242
VI.
Gradual Emergence of a `Central American Citizenship'
244
VII.
Institutions of the Central American Integration System and the Protection of Human Rights
247
A.
Central American Court of Justice and the Protection of Human Rights
248
B.
Central American Parliament (PARLACEN) and its Role in the Protection of Human Rights
251
C.
Human Rights and the Relevance of the Consultative Committee of the Central American Integration System (CC-SICA)
253
D.
Other Bodies
255
VIII.
Challenges for the Protection of Human Rights in SICA
256
5.
Andean Community and the Protection of Human Rights
259
I.
Introduction
259
II.
Characteristics of Andean Integration Linked to Protection of Human Rights
261
A.
Progressive Incorporation of Human Rights into the Andean Integration Scheme
263
B.
Human Rights and the Design of a Democratic Framework
267
III.
Andean Social Integration and the Safeguarding of Economic, Social and Cultural Rights
271
A.
Participation of Civil Society in Andean Integration
276
B.
Social Agreements Adopted at the Core of Andean Integration
280
C.
Andean Regulation Covering the Most Relevant Aspects of the `Social' Framework and its Connection to Human Rights
286
i.
Andean Social Security Regulations
287
ii.
Recognition of Rights and Protection of Migrant Workers
289
iii.
Other Areas of Interest as Regards the Recognition and Protection of Rights
292
iv.
Andean Social Charter: The Legal Instrument most Pertinent to the Social Dimension of Andean Integration
294
v.
Legal Status of the Social Charter
295
vi.
Content and Scope of the Andean Social Charter
296
IV.
Status of Elements of Human Rights Recognition and Protection in the Andean Area: Andean Regulations and Human Rights
300
A.
Machu Picchu Declaration on Democracy, the Rights of Indigenous Peoples and the War against Poverty
302
B.
Andean Charter for the Promotion and Protection of Human Rights
304
i.
Nature, Content and Scope of the Charter
305
ii.
Content, Scope and Targets of the Andean Charter
305
iii.
Protection Mechanisms Advocated in the Charter
315
V.
Progressive Construction of the `Andean Citizenship' from a Human Rights Perspective
317
VI.
Challenges for the Andean Community Concerning the Protection of Human Rights
321
6.
Common Market of the South (MERCOSUR) and the Protection of Human Rights
324
I.
Introduction
324
II.
Step-by-Step: The Creation of a MERCOSUR `Human Rights System'
327
A.
Adoption of Provisions Regarding the Protection of Human Rights Issues in MERCOSUR
329
i.
Declarations Issued by the Presidential Summits and the Protection of Human Rights
330
ii.
Other MERCOSUR Instruments Relating to the Protection of Human Rights
332
iii.
Ushuaia Protocol and the Montevideo Protocol: Strengthening the Relation between Democracy and Human Rights
335
B.
Draft Charter of Fundamental Rights of MERCOSUR
337
C.
Charter of Buenos Aires on Social Commitment
343
D.
Protocol of Asuncion on the Commitment with the Promotion and Protection of Human Rights
346
III.
Role of MERCOSUR Bodies in the Promotion and Protection of Human Rights
348
IV.
Social Dimension in MERCOSUR and its Contribution to the Protection of Human Rights
360
A.
Evolution of the Social Dimension
360
B.
Main Instruments Adopted Within the Framework of the Social Dimension and the Protection of Human Rights
366
C.
Social and Labour Declaration as the Key Instrument of the MERCOSUR Social Dimension
367
i.
Legal Standing of the MERCOSUR Social and Labour Declaration
368
ii.
Content and Scope of this Legal Instrument
369
iii.
Mechanisms for Implementation of the Social and Labour Declaration
371
D.
Other Relevant Human Rights Instruments Adopted in the Framework of the MERCOSUR Social Dimension
372
E.
Social Dimension, Sustainable Development and Environmental Protection in MERCOSUR
374
V.
Appraisal of the Implementation of MERCOSUR Legal Instruments
376
VI.
Actors of the Social Dimension in MERCOSUR and Human Rights Issues
376
VII.
New Perspectives of the Social Dimension of MERCOSUR: The Consolidation of a `MERCOSUR Citizenship'
382
VIII.
UNASUR and the Protection of Human Rights
393
IX.
Challenges for the Protection of Human Rights in MERCOSUR
395
A.
MERCOSUR's Institutions
395
B.
Enforcement of MERCOSUR Legal Instruments on the Protection of Human Rights
396
C.
Supranationality versus Inter-governmentalism
397
D.
MERCOSUR Citizenship
397
7.
Conclusions
399
I.
Regional Integration and Human Rights in the Americas: Accomplishments and Challenges
399
A.
Construction of a Social Dimension Within the Integration Processes
399
B.
Adoption of Legal and Political Instruments to Protect Human Rights
399
C.
Gradual Development of Common Policies and the Improvement of the Institutional Mechanisms Related to Human Right Issues
400
D.
Creation of a Common Legal Status for the Citizens of the Member States (an Emerging Sub-regional Citizenship)
400
E.
Role of Judicial Courts and Arbitral Tribunals in the Economic Integration Vis-a-vis the Protection of Human Rights
400
F.
Emergence of New Integration Processes
400
Index
403