International Trade Law Will Not Enforce Human Rights Norms, So Who Will?

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International trade law will not enforce human rights norms, so who will?

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Table of Content

THESIS STATEMENT1

GLOBALIZATION1

Shifts power from nation state to transnational companies who take on global force2

Problem: transnational company's motives are in profit maximization, often resulting in human rights violations2

Company bill of rights3

Non discrimination of product production3

Basis of trade law - comparative advantage4

Problem - least developed nations comparative advantage comes from exploitation of labor force5

INTRODUCTION TO HUMAN RIGHTS NORMS5

INTERNATIONAL BILL OF HUMAN RIGHTS6

UNIVERSAL DECLARATION OF HUMAN RIGHTS7

INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS8

IMPORTANCE INVOLVING THE INTERSECTION OF HUMAN RIGHTS LAW AND INTERNATIONAL TRADE LAW9

JOHN RAWLS THEORY OF JUSTICE11

WTO Role12

Dolphin Case of WTO18

Holmes Bad Man19

Example of NIKE21

Wal-Mart Example22

Apple & Foxconn23

GLOBAL CITIZENSHIP24

CONCLUSION26

International trade law will not enforce human rights norms, so who will?

THESIS STATEMENT

The consumer being aware and sensitive of the social responsibility of transnational companies is essential to enforce human rights norms if trade law will not.

GLOBALIZATION

The global economy is accompanied by a shift in production areas between countries industrialized within each economic zone, on the one hand, and industrialized countries to emerging countries on the other hand. In some cases, production for export markets leaves the country to locate closer to areas of opportunity. In others, it's production for the domestic market that is transferred abroad before being re-imported. These movements are known collectively comfortable and disturbing "outsourcing". The diversity of the phenomenon explains the difficulty to assess the extent and measure the impact in terms of employment, especially since it is unevenly distributed according to economic sectors, categories of workers and territories. In total, the overall cost / benefit of the international opening of the market is probably good for our country, but at the cost of sectoral and territorial adjustments that struggling to support public policies. Based on this valuation method, a study conducted by Hijzen, and Jean Mayer 4 concludes that the period 1984-2006 is the period of French investment which left overall negative impact on domestic employment. The relocation would instead allow maintaining the competitive advantage of firms involved in a fee adjustment focused on non-or low-skilled jobs. This type of comprehensive assessment contrasts so dramatically with the realities on the ground in business and labour pools concerned. It is true that the jobs created through Globalization are not the same as those are lost, in terms of skills, sectors and location. This discrepancy reinforces expectations to public actors. Effective action assumed to understand the reasons why companies, individually, review their localization strategy.

Shifts power from nation state to transnational companies who take on global force

The globalization has emerged the shifting from the nation state to the transnational companies in order to take on the global forces. Globalization affects all aspects of economic life, and the labour market with no exception. With the development of information technology, cost reduction telephony and electronic communication channels increases the list of specialties that can be transferred to outsourcing.

Problem: transnational company's motives are in profit maximization, often resulting in human rights violations

The main motive of the transnational ...
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