List of Editors = Xiv
List of Contributors = Xv
Introduction = 1
Thomas Cottier, Joost Pauwelyn, and Elisabethburgi
I. Conceptual Questions:defining and Connecting The Two Fields
1. Bridging Foundations = 29
Human Rights and International Trade Law:
Defining and Connecting The Two Fields/ernst-ulrich Petersmann = 29
The Legal Matrix of Human Rights and Trade Law :
State Obligations Versus Private Rights Obligations/christine Breining-kaufmann = 95
Sosa V Alvarez-macbain and Hyman Rights Claims Against Corporations Under The Alien
Tort Statute/carlos Manuel Vazouez = 137
States'and Private Actor's Obligations Under International Human Rights Law And
The Draft Un Norms/karin Lucke = 148
2. Cooperation in Law-making = 165
Institutional Cooperation and Norm Creation in International Organizations/victor
Mosoti = 165
Mediating Interactions in An Expanding International Intellectual Property Regime/
Laurence R Helfer = 180
Commentary on Victor Mosoti
Institutional Cooperation and Norm Creation in International Organizations:
The Fao-who Codex Almentarius/marsha a Echols = 192
Commentary on Victor Mosoti
Human Rights and Trade:two Practical Suggestions for Promoting Coordination And
Coherence/caoline Dommen = 199
Commentary on Victor Mosoti
3. Cooperation in Dispute Settlement = 205
Human Rights in Wto Dispute Settlement/joost Pauwelyn = 205
a Human Rights Approach to Trade? Some Reflections/qingjiang Kong = 232
Commentary on Joost Pauwelyn
Integrating Enforcement of Human Rights Laws With Enforcement of Trade Laws:
Some Baseline Issues/maria Green = 236
Commentary on Cooperation in Dispute Settlement
II. The Trade and Human Rights Interface in Practice:case Studies
4. Freedom of Expression = 245
Linkages between Freedom of Expression and Unfair Competition Rules in International
Trade:the Hertel Case and Beyond/thomas Cottier and Sangeeta Khorana = 245
The Hertel Case and The Distinction between Commercial and Non-commercial Speech/
Christoph B Graber = 273
Commentary on Thomas Cottier and Sangeeta Khorana
5. Right to Health = 279
The 'rule of Reason' and The Right to Health:integrating Human Rights and Competition
Principles in The Context of Trips/frederick M Abbott = 279
The Right to Health, Intellectual Property, and Competition Principles/
Sisule F Musungu = 301
Commentary on Frederick M Abbott
International Trade and Human Rights:conflicting Obligations/prabhash Ranjan = 311
Commentary on Frederick M Abbott
Trade, Human Rights, and The Who Framework Convention on Tobacco Control:
Just What The Doctor Ordered?/allyn L Taylor = 322
Conflicting Rules in The Who Fctc and Their Impact/werner Meng = 334
Commentary on Allyn L Taylor
6. Right to Food = 341
The Right to Food and Trade in Agriculture/christine Breining-kaufmann = 341
Reconciling Trips and The Right to Food/shelley Edwardson = 382
7. Conflict Diamonds = 391
Stopping Trade in Conflict Diamonds:exploring The Trade and Human Rights Interface
With The Wto Waiver for The Kimberley Process/krista Nadakavukaren Schefer = 391
Conflict Diamonds and The Wto:not The Best Opportunity to Be Missed for The
Trade-human Rights Interface/kevin R Gray = 451
Commentary on Krista Nadakavukaren Schefer
8. Conditionality in Gsp Programmes = 463
The Appellate Body Report in European Communities-conditions for The Granting of
Tariff Preferences to Developing Countries and Its Implications for Conditionality In
Gsp Programmes/lorand Bartels = 463
Gsp Programmes and Their Historical-political-institutional Context/gregory Shaffer
and Yvonne Apea = 488
Commentary on Lorand Bartels
The Enabling Clause and The Applied Rules of Interpretation/jane Bradley = 504
Commentary on Lorand Bartels
Index = 507
List of Contributors = Xv
Introduction = 1
Thomas Cottier, Joost Pauwelyn, and Elisabethburgi
I. Conceptual Questions:defining and Connecting The Two Fields
1. Bridging Foundations = 29
Human Rights and International Trade Law:
Defining and Connecting The Two Fields/ernst-ulrich Petersmann = 29
The Legal Matrix of Human Rights and Trade Law :
State Obligations Versus Private Rights Obligations/christine Breining-kaufmann = 95
Sosa V Alvarez-macbain and Hyman Rights Claims Against Corporations Under The Alien
Tort Statute/carlos Manuel Vazouez = 137
States'and Private Actor's Obligations Under International Human Rights Law And
The Draft Un Norms/karin Lucke = 148
2. Cooperation in Law-making = 165
Institutional Cooperation and Norm Creation in International Organizations/victor
Mosoti = 165
Mediating Interactions in An Expanding International Intellectual Property Regime/
Laurence R Helfer = 180
Commentary on Victor Mosoti
Institutional Cooperation and Norm Creation in International Organizations:
The Fao-who Codex Almentarius/marsha a Echols = 192
Commentary on Victor Mosoti
Human Rights and Trade:two Practical Suggestions for Promoting Coordination And
Coherence/caoline Dommen = 199
Commentary on Victor Mosoti
3. Cooperation in Dispute Settlement = 205
Human Rights in Wto Dispute Settlement/joost Pauwelyn = 205
a Human Rights Approach to Trade? Some Reflections/qingjiang Kong = 232
Commentary on Joost Pauwelyn
Integrating Enforcement of Human Rights Laws With Enforcement of Trade Laws:
Some Baseline Issues/maria Green = 236
Commentary on Cooperation in Dispute Settlement
II. The Trade and Human Rights Interface in Practice:case Studies
4. Freedom of Expression = 245
Linkages between Freedom of Expression and Unfair Competition Rules in International
Trade:the Hertel Case and Beyond/thomas Cottier and Sangeeta Khorana = 245
The Hertel Case and The Distinction between Commercial and Non-commercial Speech/
Christoph B Graber = 273
Commentary on Thomas Cottier and Sangeeta Khorana
5. Right to Health = 279
The 'rule of Reason' and The Right to Health:integrating Human Rights and Competition
Principles in The Context of Trips/frederick M Abbott = 279
The Right to Health, Intellectual Property, and Competition Principles/
Sisule F Musungu = 301
Commentary on Frederick M Abbott
International Trade and Human Rights:conflicting Obligations/prabhash Ranjan = 311
Commentary on Frederick M Abbott
Trade, Human Rights, and The Who Framework Convention on Tobacco Control:
Just What The Doctor Ordered?/allyn L Taylor = 322
Conflicting Rules in The Who Fctc and Their Impact/werner Meng = 334
Commentary on Allyn L Taylor
6. Right to Food = 341
The Right to Food and Trade in Agriculture/christine Breining-kaufmann = 341
Reconciling Trips and The Right to Food/shelley Edwardson = 382
7. Conflict Diamonds = 391
Stopping Trade in Conflict Diamonds:exploring The Trade and Human Rights Interface
With The Wto Waiver for The Kimberley Process/krista Nadakavukaren Schefer = 391
Conflict Diamonds and The Wto:not The Best Opportunity to Be Missed for The
Trade-human Rights Interface/kevin R Gray = 451
Commentary on Krista Nadakavukaren Schefer
8. Conditionality in Gsp Programmes = 463
The Appellate Body Report in European Communities-conditions for The Granting of
Tariff Preferences to Developing Countries and Its Implications for Conditionality In
Gsp Programmes/lorand Bartels = 463
Gsp Programmes and Their Historical-political-institutional Context/gregory Shaffer
and Yvonne Apea = 488
Commentary on Lorand Bartels
The Enabling Clause and The Applied Rules of Interpretation/jane Bradley = 504
Commentary on Lorand Bartels
Index = 507