Reconciling economic and non-economic interests in the legal regulation of international trade : lessons from the European Community?

Abstract

This thesis explores the potential reconciliation of economic and non-economic interests in the legal regulation of international trade, focusing in particular upon the pursuit of human rights and environmental protection.  The European Community has been faced with balancing the pursuit of economic and non-economic interests since the early 1970s.  Consequently, it is interesting to consider whether anything can be learnt from the Community approach and experience, which may be applied in the context of international trade.

The thesis examines first the development of these interest within the European Community, and subsequently explores the Community’s external competence, and the manifestation (and implications) of clauses relating to human rights and the environment in the Community’s agreements with third states.  Having explored the Community’s approach, the focus moves on to the current protection of the environment and human rights in the context of the World Trade Organisation, and the question of whether lessons from the Eastern Community may be applied in this context.

This research has been carried out through doctrinal analysis of primary sources including relevant case law, secondary legislation and preparatory and policy documents.  In addition, there has been a systematic analysis of the form and content of human rights and environmental commitments in agreements concluded by the Community with third states.  Finally, relevant literature has been reviewed and considered.

Existing literature has not attempted to consider all of these issues together.  Yet by systematically working through these issues, comparing and contrasting the development of human rights and environmental protection in the Community, analysing the similarities and substantial differences, and applying that to the international context, an indication of potential future direction for reconciliation of these interests by the international community may be obtained.

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