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The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international levels and appears to be an effective lever for bringing about legal change. This book analyses this strategy in environmental and commercial policy and considers the use of the 'public law' discourse of basic human rights protection and its transportation and use in the 'commercial law' context of economic policy, business activity and corporate behaviour.
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HUMAN RIGHTS IN THE MARKET PLACE
Markets and the Law Series Editor: Geraint Howells Lancaster University, UK Series Advisory Board: Stefan Grundmann – Humboldt University of Berlin, Germany Hans Micklitz – Bamberg Univeristy, Germany James P. Nehf – Indiana University , USA Iain Ramsay – York University, Canada Charles Rickett – University of Queensland, Australia Reiner Schulze – Münster University, Germany Jules Stuyck – Katholieke Universiteit Leuven, Belgium Stephen Weatherill –University of Oxford, UK Thomas Wilhelmsson – University of Helsinki, Finland Markets and the Law is concerned with the way the law interacts with the market through regulation, self-regulation and the impact of private law regimes. It looks at the impact of regional and international organizations (e.g. EC and WTO) and many of the works adopt a comparative approach and/or appeal to an international audience. Examples of subjects covered include trade laws, intellectual property, sales law, insurance, consumer law, banking, financial markets, labour law, environmental law and social regulation affecting the market as well as competition law. The series includes texts covering a broad area, monographs on focused issues, and collections of essays dealing with particular themes. Other titles in the series Global Perspectives on E-Commerce Taxation Law Subhajit Basu ISBN 978 0 7546 4731 7 The Yearbook of Consumer Law 2008 Edited by Christian Twigg-Flesner, Deborah Parry, Geraint Howells, and Annette Nordhausen ISBN 978 0 7546 7152 7 International Insolvency Law Themes and Perspectives Edited by Paul J. Omar ISBN 978 0 7546 2427 1 For more information on this series, visit www.ashgate.com
Human Rights in the Market Place The Exploitation of Rights Protection by Economic Actors
CHRISTOPHER HARDING UTA KOHL and NAOMI SALMON Aberystwyth University
© Christopher Harding, Uta Kohl and Naomi Salmon 2008 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Christopher Harding, Uta Kohl and Naomi Salmon have asserted their moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the authors of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England
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www.ashgate.com British Library Cataloguing in Publication Data Harding, Christopher Human rights in the market place : the exploitation of rights protection by economic actors. - (Markets and the law) 1. Human rights - Economic aspects 2. Consumer protection 3. Competition, Unfair 4. Social responsibility of business 5. Anti-globalization movement I. Title II. Kohl, Uta III. Salmon, Naomi 341.4’8 Library of Congress Cataloging-in-Publication Data Harding, Christopher. Human rights in the market place : the exploitation of rights protection by economic actors / by Christopher Harding, Uta Kohl, and Naomi Salmon. p. cm. -- (Markets and the law) Includes bibliographical references and index. ISBN 978-0-7546-4694-5 1. Human rights--Economic aspects--Europe. I. Kohl, Uta. II. Salmon, Naomi. III. Ti