11.3 International Trade Framework
11.4 Enter WTO’s TRIPS Agreement: From Bad to Worse?
11.5 Role of TRIPS in the Abuse of Traditional Knowledge
11.6 Convention on Biological Diversity to the Rescue
11.7 Trade Causes Overuse of Resources on Which Indigenous Peoples Rely
11.8 Modernization: Not Always the Best Approach
11.9 Efforts to Bridge the Divide
11.10 Final Thoughts
12 From Excess to Despair: The Persistence of Poverty
12.1 Overview
12.2 Human Rights Framework
12.3 International Trade Framework
12.4 The Reality of Poverty
12.5 Agricultural Reform Integral to Reducing Poverty
12.6 Poverty and Immigration
12.7 Final Thoughts: Changing Paradigms
13 Freedom from Famine and Fear: Democracy
13.2 Human Rights Framework
13.3 International Trade Framework
13.4 Democracy, Trade, and Human Rights
13.5 Final Thoughts
14 Imperial Rules: Economic Sanctions
14.2 Human Rights Framework
14.3 International Trade Framework
14.4 Judging Economic Sanctions
14.5 Human Rights Impact of Economic Sanctions
14.6 Conundrum of Cuba
14.7 Final Thoughts: Value of Economic Sanctions
15 Recognizing Indivisibility, Bridging Divides: Visions and Solutions for the Future of the Trade and Human Rights Relationship
15.1 Overview
15.2 Human Rights Approach to Trade, Trade Approach to Human Rights
15.3 Small Steps: Ending Trade’s Splendid Isolation from Human Rights
15.4 Reparations for Human Rights Violations
15.5 Mr. Ricardo, Meet the 21st Century
15.6 Linking Trade and Human Rights in the Americas
15.7 Afterword
Documents Annex available online at http://www.nyupress.org/000
Acknowledgments
We wish to thank the many friends, colleagues, and students—too many to name individually—who contributed to the development of the ideas presented in this book through their support, research, and innumerable hallway, conference, classroom, and restaurant discussions. We also thank the numerous communities, including the human rights and trade communities around the world, that have provided the support and inspiration that made this project a reality.
We owe special gratitude to the unique team of Richard Delgado and Jean Stefancic—both dear friends and valued colleagues—who encouraged us to pursue the idea of the human rights/trade intersection in a critical and self-critical way. We also owe special thanks to our research assistants Veronica Arenas, Vatrice Perrin, Paola Chavarro, Joshua Clark, Joanna Theiss, Robert Bowser, Reka Toth, Trisha Low, and Geraldine Rosso. We owe exceptional gratitude to Cindy Zimmerman, a faculty assistant and word processing and editing genius, whose work has been invaluable in the production and completion of this book.
At NYU Press, Deborah Gershenowitz helped us launch the project, kept in close touch throughout the process, and saw the book to completion. She deserves special mention.
We have produced this work at the University of Florida Levin College of Law. Dean Robert Jerry has been generous with his support and personal encouragement.
Finally we want to thank our family and friends for unselfishly providing time, understanding, emotional support, nourishment, and much-needed reality checks.
Acronyms
| AAWH | American Association for World Health |
| ABA | American Bar Association |
| ACHR | American Convention on Human Rights |
| ATCA/ATS | Alien Tort Claims Act/Alien Tort Statute |
| BFOQ | Bonafide Occupational Qualification |
| CAFC | Commission for Assistance to a Free Cuba |
| CAFTA–DR–US | Central American–Dominican Republic–United States Free Trade Agreement |
| CAHR | Center for the Advancement of Human Rights |
| CAN | Andean Community of Nations (in Spanish) |
| CBD | Convention on Biological Diversity |
| CCIC | Canadian Council for International Cooperation |
| CDA | Cuban Democracy Act |
| CEDAW | Convention on the Elimination of All Forms of Discrimination Against Women |
| CERD | Convention on the Elimination of All Forms of Racial Discrimination |
| CEWFCL |
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of
|