1st Edition

The Multilateral Trading System and Human Rights A Governance Space Theory on Linkages

By Mihir Kanade Copyright 2018
294 Pages 2 B/W Illustrations
by Routledge India

294 Pages 2 B/W Illustrations
by Routledge India

294 Pages 2 B/W Illustrations
by Routledge India

This book contributes an original theory to understanding human rights and international trade. It offers the ‘governance space’ framework for analysing the linkages and normative relationships between the multilateral trading system (MTS) and human rights regimes. Drawing upon key case studies, the author identifies connecting strands as also gaps in linkage issues. He further examines the... Read more
Acknowledgments.  List of Abbreviations.  Introduction  1. A ‘Governance Space’ Theory for Analysing Linkages  2. The Normative Hierarchy Debate and its Distractions  3. The Disputed Role of the Dispute Settlement Body  4. WTO and the Shrinking of Governance Space  5. WTO and the Permissive Environment to Abuse Governance Space  6. WTO and the Limiting Environment to Use Governance Space  7. The Way Forward: The Right to Development Approach  8. Conclusion.  Appendix: List of Cases.  Bibliography

Biography

Mihir Kanade is Head of the Department of International Law and Human Rights at the United Nations–mandated University for Peace (UPEACE), headquartered in Costa Rica, and Director of the UPEACE Human Rights Centre. He holds an LLB from Nagpur University, India, and master’s and doctorate degrees from UPEACE. He is an adjunct faculty at Universidad Alfonso X El Sabio, Spain; Cheikh Anta Diop University, Senegal; and Long Island University, USA. He serves on the International Advisory Board of the International Bar Association on the topic of Business and Human Rights. He also coleads an educational project with the UN Office of the High Commissioner for Human Rights on promoting the right to development. Prior to his pursuit in academia, he practised as a lawyer at the Bombay High Court and the Supreme Court of India.

‘The Governance Space theory is a significant contribution to the complex study of trade, globalisation and human rights.’

Juan Carlos Sainz-Borgo, Dean, United Nations-mandated University for Peace (UPEACE), Costa Rica

‘A compelling case for a right to development approach to WTO and human rights linkages.’

Makau Mutua, SUNY Distinguished Professor, University at Buffalo School of Law, New York, USA