Fair trade?: How Oxfam presented a systemic approach to poverty, development, human rights, and trade

Human Rights Quarterly

Volumn 28, Issue 4, 2006, Pages 998-1030

  Aaronson, Susan Ariel ^a   Zimmerman, Jamie M ^a,b  

^a UNIVERSITY OF NORTH CAROLINA   (United States)

^b UNIVERSITY OF KENTUCKY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

GLOBAL TRADE; HUMAN RIGHTS; POVERTY; TRADE POLICY; WORLD TRADE ORGANIZATION;

EID: 33751368453     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.2006.0039     Document Type: Article

References (185)

1. Oxfam is one of the most influential institutions in the world, see 2004 Edelman Fifth Annual Trust Barometer: Study of Opinion Leaders (9 Jan. 2004), available at http://www.edelman.com/events/Trust/transcript_w.asp.
2. Towards Global Equity. Strategic Plan 2001-2004, Oxfam International (Jan. 2001) available at http://www.oxfam.org/fr/files/ strat_plan.pdf [hereinafter Towards Global Equity].
3. Id.
4. Id.
5. Id.
6. In regards to the success of the debt relief movement in recent months, journalists have begun to examine the role of Oxfam and others such as the rock star Bono, in debt forgiveness. See Elizabeth Becker, Odd Alliance Brings About Debt Relief, N.Y. Times, 11 June 2005, at B1.
7. Oxfam On-Line Petititon, The Big Noise, available at http:// www.maketradefair.com/en/index.php?file=bignoise.htm.
8. The make poverty history campaign aims to address "man-made factors" such as the system of global trade, which seems to favor big business and industrialized countries, according to Oxfam. However, this strategy is not solely directed towards addressing human rights or trade problems alone. See Make Poverty History, available at http:// www.makepovertyhistory.org/whatwewant/index.shtml.
9. D. Kaufmann, A. Kraay, M. Mastruzzi, Governance Matters IV: Governance Indicators for 1996-2004 (2005), available at http://www.worldbank.org/ wbi/governance/pubs/govmatters4.html
10. World Bank, Doing Business in 2004: Understanding Regulation (2004)
11. Ethan Kapstein, Behavior Foundations of Democracy and Development, Center for Global Develoment Working Paper, No. 52 (Dec. 2004)
12. Dani Rodrik, et al., Institutions Rule: The Primacy of Institutions over Geography and Integration in Economic Development, 9 J. Econ. Growth 131 (June 2004).
13. Franklin D. Roosevelt, The "Four Freedoms" Speech Before Congress (6 Jan. 1941), available at http://www.wwnorton.com/college/ history/ralph/workbook/ralprs36b.htm.
14. Ernest-Ulrich Petersmann, The WTO Constitution and Human Rights, J. Econ. L. 19 (2000).
15. General Agreement on Tariffs and Trade, 30 Oct. 1947, 61 Stat. A-11, T.I.A.S. 1700, 55 U.N.T.S. 194. (GATT)
16. Caroline Dommen, Raising Human Rights Concerns in the World Trade Organization: Actors, Processes and Possible Strategies, 24 Hum. Rts. Q. 4 (2002).
17. Steve Charnovitz, 7he Globalization of Economic Human Rights, 25 Brooklin J. Int'l L. 51 (1999), available at http://www.geocities.com/ charnovitz/.
18. Aaron Forsberg, The Politics of GATT Expansion: Japanese Accession and the Domestic Political Context in Japan and the United States, 1948-1955, 27 Bus. & Econ. Hist. 185 (1998)
19. Susan Ariel Aaronson, Taking Trade 69, 80-82 (2001).
20. GATT, supra note 12, art. XX, permits nations to restrict trade when necessary to protect human, animal or plant life or health, or to conserve human resources. An advisory group to the GATT in 1985 found that countries do not have to accept the products of slave or prison labor.
21. Salman Bal, International Free Trade Agreements and Human Rights: Reinterpreting Article XX of the GATT, 10 Minnesota J. Global Trade 62 (2001).
22. Examples of the debate about the link between trade and human rights include the debate over trade sanctions on South Africa in the apartheid era and the debate over most favored nation (in the US normal trade relations) with China.
23. These reports often examine developments over time. Country Reports on Human Rights Practices- China 2003, US Department of State (25 Feb. 2004), available at http://www.state.gov/g/dri/rls/hrrpt/2003/27768.htm
24. Human Rights Watch, Human Rights News: Tiananmen 16 Years Later (4 June 2005), available at http://hrw.org/english/docs/2005/06/08/china11103.htm
25. Amnesty International, Report 2002 - China (2002), available at http:// web.amnesty.org/web/ar2002.nsf/asa/china?Open.
26. During this debate, Congress changed the name of the most favored nation review to normal trade relations or NTR. Several members perceived that although most favored nation was the longstanding diplomatic term, it implied that the country under consideration got special benefits, rather than normal benefits.
27. See The US-China Business Council, China and The WTO, available at http://www.uschina.org/public/wto
28. Ways and Means Subcommittee on Trade, United States China Trade Relations and Renewal of China's Most-Favored Nation Status, 104th Cong., 2d Sess., 11 July 1996, at 4
29. Business Coalition for US ChinaTracle, China PNTR: Advancing American Values (Apr. 26, 2000), available at http://www.uschina.org/public/wto/ usavalues.html.
30. Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, 15 Apr. 1994, Legal Instruments-Results of the Uruguay Round vol. 1 (1994), available at http://www.wto.org/engiish/ docs_e/legal_e/ursum_e.htm#General.
31. Many developing countries use export processing zones (EPZs), to attract foreign investment and stimulate trade. Developing country policymakers have often exempted firms in these zones from certain fiscal or financial regulations and others do not require firms in their EPZs to comply with labor laws. As a result, workers toil in substandard conditions and have little recourse to improve such conditions. Some employers ignore minimum wage regulations, fail to give workers written contracts of employment specifying the hours of work, wages and other entitlements, or provide decent working conditions. According to the United Nations in 2003, at least sixteen countries allowed weaker rights to workers in export processing zones then those outside, a disturbing trend for those who wanted promote social as well as economic development. United Nationas Development Programme, Human Development Report 2005, at 124, n.28 (2005), available at http://hdr.undp.org/ reports/global/2005/pdf/HDR05_chapter_4.pdf.
32. Oxfam, Rigged Rules and Double Standards: Trade Globalisation, and the Fight Against Poverty 191-96 (2002)
33. Kimberley Ann Elliot & Richard B. Freeman, Can Labor Standards Improve Under Globalization 22-25, 89-93 (2003). Oxfam recently returned to this issue in Oxfam, Trading Away our Rights: Women Working in Global Supply Chains (2004), available at http://www.oxfam.org.uk/ what_we_do/issues/trade/trading_rights.htm.
34. See United Nations High Commissioner for Human Rights, available at http://www.ohchr.org/english/issues/globalization/trade/index.htm.
35. For example, leaders of the EU, the US, and Canada are wrestling with these questions. See Communication from the Commission to the European Parliament, the European Economic and Social Committee and the Committee of the Regions, The Social Dimension of Globalisation-the EU's policy Contribution on Extending the Benefits to All 52 (18 May 2004). On the US, see, Anne Applebaum, Does the Right Remember Abu Ghraib, Wash. Post, 5 Jan. 2005, at A17, which notes that Senator Chuck Hagel has called for linking of trade agreements to human rights.
36. Canadians are also discussing national policy changes, see The NGO Working Group on EDC, Risk, Responsibility and Human Rights: Taking a Rights-based Approach to Trade and Project Finance (July 2004), available at http://www.halifaxinitiative.org/updir/ Final_HR_discussion_paper.pdf.
37. For example, in order to "develop a global partnership for development," the 191 nations of the UN adopted Millennium Development Goals, including the pledge to further develop a rule-based open trading system that includes a commitment to good governance, is nondiscriminatory, provides access to affordable drugs, and makes the benefits of new technologies and information available. They also agreed to promote gender equality and empower women and achieve universal primary education and eradicate extreme poverty and hunger by 2015. See UN Development Millennium Goals available at http://www.un.org/ millenniumgoals/.
38. The UN Office of the High Commissioner for Human Rights tried to bring this forward at the Cancun Ministerial of the WTO, UNHCR, Paper prepared for the 5th WTO Ministerial Conference in Cancun (2003), available at http://ap.ohchr.org/documents/dpage_e.aspx?s=115.
39. Peter Woike, the former Executive Vice President, IFC, was very forceful about these issues, because the IFC, an arm of the World Bank, that works to expand its performance standards to include human rights. See Conference on Human Rights and Development: Towards Mutual Reinforcement, NYU Law School (1 Mar. 2004)
40. International Labor Organisation (ILO), A Fair Globalization: Creating Opportunities for All, available at http://Www.ilo.org/public/english/ wcsdg/.
41. See WTO website, available at http://www.wto.org/search?NS-search- offset=20&NS-search-type=NS-boolean-query&NS-max- records=%24%24NS-max-records&NS-collection=wto_eng&NS- query=human+rights+and+trade&submit=Search&NS-search-page= results&. Some of the 100 results were multiple copies of speeches; others were trade policy reviews, where the country noted it had strengthened its human rights laws or practices.
42. For examples of scholarship, see generally, WoridTradeLaw. net's Trade Law Library available at http://www.worldtradelaw.net/ articles.htm#trachtman. This site has links to a wide range of scholarly papers.
43. See also Robert Howse & Makau Matua, Protecting Human Rights in a Global Economy. Challenges for the World Trade Organization 4-6 (2000), available at http://www.ichrdd.ca/english/commdoc/publications/ globalization/wtoRightsGlob.html.
44. For examples from civil society groups, see generally, available at http://www.3dthree.org; www.dd-rd.ca/site/, http://www.panos.org.uk.
45. John H. Jackhson, The World Trading System: Law and Policy of International Economic Relations 321-23 (2d ed. Cambridge, MA: MIT Press, 1998).
46. Id. at 17.
47. See WTO, available at http://www.wto.org/english/thewto_e/whatis_e/ tif_e/fact1_e.htm.
48. Paul Krugman, The Great Unraveling 368 (2003)
49. Zedillo, quoted in Aaronson, supra note 15, at 10.
50. Lars Osberg, The Equity/Efficiency Trade-off in Retrospect, Keynote address to conference on Economic Growth and Income Inequality (26 Apr. 1995). Policies that increase equality of opportunity may increase average incomes, but re-distributive policies that equalize economic outcomes have efficiency costs
51. WTO, Preamble avaiable at http://www.wto.org/english/docs_e/legal_e/ 27-trips_02_e.htm.
52. Dani Rodrik, Trade Policy Reform as Institutional Reform (Aug. 2000), available at http://ksghome.harvard.edu/~drodrik/Reform.PDF.
53. In the trade policy review, the members of the WTO review and comment on each member's trade performance and policies, and compliance with WTO commitments. The largest trading nations must be reviewed every two years, the next sixteen every four, and the others are reviewed every six years. WTO Document WT/TPR/M/154, Trade Policy Review, Bolivia, Remarks of Colombian representative 8-9, echoed by the representative of Turkey 17-18 (16 Jan. 2006), available on the WTO docsonline official cite by searching document WT/TPR/M/154.
54. Id. Remarks of Colombian representative 8-9, echoed by the representative of Turkey 17-18. Representative of Uruguay, 17, EU 22-23.
55. The WTO After Seattle 5, 14-17 (Jeffrey J. Schott ed., 2000).
56. The World Bank, Trade Note, Agricultural Negotiations: Recent Developments in the Doha Round (5 Nov. 2004), available at http:// siteresources.worldbank.org/INTRA-NETTRADE/Resources/Pubs/ TradeNotel9.pdf.
57. The name Oxfam comes from the Oxford Committee for Famine Relief, founded in Britain during the Second World War, when a group of Oxford citizens campaigned for grain ships to be sent through the allied naval blockade to provide relief for women and children in enemy-occupied Greece. Today, the twelve member Oxfam organizations are based in Australia, Belgium, Canada, Germany, Great Britain, Hong Kong, Ireland, The Netherlands, New Zealand, Quebec, Spain, and the United States.
58. The organization is transparent and managed responsibly. See OXFAM-America's Network for Good vailable at http:// partners.guidestar.org/controller/searchResults.gs?action_gsReport= 1&partner=networkforgood&ein= 23-7069110, in fiscal year 2003, more than 77 percent of funds went directly to Oxfam's programs. This is well above the 60 percent recommended by leading charitable watchdog organizations including the American Institute of Philanthropy. The balance supported fundraising, member recruitment, and administration. The NGO does not accept government funds or funds from any source that might interfere with its ability to speak out on policies that affect global poverty. Policymakers around the world often seek its advice and many corporations from Procter and Gamble to Starbucks seek (and now have developed) partnerships with itto facilitate development.
59. Finally, the organization constantly evaluates it work. See, e.g., Oxfam Great Britain, Programme Impact Report: Oxfam GB's Work with Partners and Allies Around the World 10 July 2004). Interview with Barbara Fiorito, Deputy Chair of Oxfam International and Chair Oxfam, 21 Feb. 2005.
60. Oxfam continues to influence development policy at the national and international levels, see Discussion Paper for Department for International Development, Towards Development of a White Paper on Globalization, Oxfarn GB, Policy Department (Mar. 2000), available at http://www.oxfamgb.org
61. Arabella Fraser & Betham Emmett, Paying the Price: Why Rich Countries Must Invest Now In a War on Poverty (2005).
62. Amartya Sen, Development as Freedom (1999).
63. Oxfam, Towards Global Equity, supra note 2, at 1-3.
64. Id.
65. Id.
66. Id.
67. Id. at 6-11.
68. The ILO, International Labor Organization, delineates the rights of workers and the responsibilities of employers and governments. It is the only international organization with a tripartite membership, but it has no enforcement powers. See generally, The International Labor Organization available at http://www.ilo.org.
69. The Universal Declaration of Human Rights, available at www.unhchr.ch/ udhr/lang/eng.htm, delineates thirty internationally accepted norms for human rights, agreed upon by 191 governments. Many of these rights have implications for trade or can be understood as affected by trade such as the right to nondiscrimination (age, gender); the right to work; freedom of association; immigration and emigration rights; the right to own property and not to be arbitrarily deprived of property; and the right to freedom of thought, conscience, religion, opinion and expression.
70. Oxfam, Towards Global Equity, supra note 2, at 12-15.
71. Id. at 10.
72. Id. at 12-15.
73. Id.
74. Id.
75. Nancy Birdsall et. al, Stuck in the Tunnel: Is Globalization Muddling the Middle Class?, Center on Social and Economic Dynamics, Working Paper No. 14 (Aug. 2000), available at http://www.brookings.edu/es/dynamics/ papers/middleclass/midclass.pdf.
76. As part of its plans to host the Seattle Ministerial, the Clinton Administration announced a broad and ambitious agenda for global trade talks in Seattle. See The Clinton Administration Agenda for the Seattle WTO (24 Nov. 1999), available at http://clinton4.nara.gov/WH/New/html/ 19991124.html. When President Clinton talked about globalization with a human face, he meant the inclusion of labor standards in WTO rules.
77. See Doug Henwood, Listening in on the WEF, The Nation, 4 Mar. 2002, available at http://www.thenation.com/doc/20020304/henwood.
78. Kofi Annan, Bill Gates, Bill Clinton, quoted in Serge Schmemann, Annan Cautions Business as World Forum Ends, N.Y. Times, 5 Feb. 2002, available at http://www.nytimes.com/2002/02/05/international/ 05FORU.html?ex=115345440&en=5e56c3491643eObc&ei=5070.
79. Mary Robinson, United Nations High Commissioner for Human Rights, Bridging the Gap Between Human Rights and Development. From Normative Principles to Operational Relevance, in A Voice for Human Rights: Mary Robinson (Kevin Boyle ed. 2006).
80. Press Release, Partnership is the key to tackling Africa's problems, says Tony Blair (15 Oct. 2004), available at http://www.bbc.co.uk/ pressoffice/pressreleases/stories/2004/10_october/15/blair.shtml.
81. There are very few global polls that specifically address human rights. See 20 Nation Poll Finds Strong Global Consensus: Support for Free market System, But Also More Regulation of Large Companies: Companies Seen As Having Too Much Influence on Government, available at http:// www.worldpublicopinion.org/inci/printable-version.php?pnt=154.
82. Another poll that discussed human rights as an aspect of CSR is the Environomics International of Toronto, Canada poll of 20,000 citizens in twenty countries conducted from Dec 2000-January 2001. See Poll Findings Suggest Trouble Ahead for the Globalization Agenda, available at http:// www.tradeobservatory.org/showFile.php?ReflD=16560.
83. A more recent poll on international institutions and internationalism is available at peop le-press.org/reports/display.php3?PageID=795. This is a 2004 survey of eight countries by the Pew Research Center entitled A Year After Iraq War. Mistrust of America in Europe Ever Higher Muslim Anger Persists, which examined views on the US and the UN.
84. Oxfam, Cut the Cost, Patent Injustice: How World Trade Rules Threaten the Health of Poor People, available at http://www.oxfam.org.uk/ what_we_do/issues/health/downloads/patentinjustice.pdf;
85. Kevin Watkins, Senior Policy Advisor, Oxfam, Trade Globalisation and Poverty Reduction: Why the Rules of the Game Matter, Seminar on World Trade and Poverty, Carnegie Endowment (2 July 2002).
86. United Nations Development Programme (UNDP, Human Development Report 2000, at 135 (2000);
87. Howse & Matua, supra note 24, at 14.
88. The Doha Ministerial Declaration (20 Nov. 2001), WTO Document WT/MIN(01)/ DEC/1, available at http://www.wto.org/English/thewto_e/minist_e/ min01_e/mindecl_e.htm.
89. For a history of these negotiations see TRIPS and Public Health: the situation in late 2005 available at http://www.wto.org/english/tratop_e/ trips_e/health-background_e.htm;
90. see also Sangeeta Shashikant, Heated Discussions as TRIPS and Health Deadline is Missed, South-North Development Monitor SUNS # 5772 (4 Apr. 2005), available at http://www.cptech.org/ip/wto/suns04O42005.html;
91. African Group Rejects EU TRIPS Amendment Proposal, Inside US Trade (7 Oct. 2005);
92. African Group, US Discuss Possible Trips and Health Solution, Inside US Trade (28 Oct. 2005).
93. See TRIPS and Public Health, supra note 64, available at http:// www.wto.org/english/tratop_e/trips_e/health-background_e.htm;
94. see also WTO Press Release, Members OK Amendment to Make Health Flexibility Permanent (6 Dec. 2005), available at http:// www.wto.orglenglish/news_e/pres05_e/pr426_e.htm.
95. Oxfam, Rigged Rules, supra note 23.
96. Id.
97. Id. at 254-57.
98. Oxfam included many of the criticisms on its web site, available at http://www.maketradefair.com/en/index.php?file=28052002092914.htm.
99. Jeremy Hobbs, Executive Director, Oxfam International, Speech to the WTO Symposium (29 Apr. 2002), available at http://www.maketradefair.com/en/ assets/english/VVTOspeech.pdf.
100. Id.
101. Oxfam, Programme Impact Report, supra note 42.
102. Id.
103. Make Trade Fair, Big Noise Numbers, available at http:// www.maketradefair.com/en/index.php?file=barometer.htm&cat= 1&subcat=2&select=28.
104. See summary of Oxfam, Rigged Rules, supra note 23.
105. Oxfam, What we Do, Fair Trade, available at http://www.oxfam.org.uk/ what_we_do/fairtrade.
106. Id.
107. Id.
108. Id.;
109. Make Trade Fair, Mugged. Poverty in Your Coffee Cup (2002), available at http://www.maketradefair.com/en/index.php?file=16092002163229.htm.
110. Oxfam, Programme Impact Report, supra note 38, at 18-23.
111. OXFAM, Cool Planet for Teachers, Resources on Trade and Fair Trade, available at http://www.oxfam.org.uk/coolplanet/teachers/ fairtrade_resources/index.htm.
112. Jackson, supra note 26, at 177-78.
113. Douglas A. Irwin, Against the Tide: An Intellectual History of Free Trade 4-6 (1996);
114. Mario Broussard & Steven Pearlstein, Reality Check: Great Divide, Economists vs. the Public, Wash. Post, 13-15, Oct. 1996, at A1, A6;
115. see John J. Audley & Hans Anker, Reconciling Trade and Poverty Reduction: A German Marshall Fund of the United States Report on Public Opinion in France, Germany, the United Kingdom, and the United States, available at http://www.gmfus.org/doc/TradePoverty_FINAL_722.pdf.
116. On European view, see SUSTRA Network, European Governance and European Public Opinion on trade and Sustainable Development (3-4 June 2004), available at http://www.agro-montpellier.fr/sustra/publications/ policy_briefs/policy_brief_eg.pdf.
117. Oxfam: US Blocking Trade Deal at the WTO, (28 July 2004), available at www.oxfam.org/en/news/pressreleases2004/pr040728_wto.htm.
118. Office of the US Trade Representative, Dispelling Myths About US Support to Cotton Farmers: US Programs Have Not Caused Low Cotton Prices and Hurt Foreign Growers (8 Sept. 2004) available at http://www.ustr.gov/ assets/Document_Library/Fact_Sheets/2004/ asset_upload_file784_6153.pdf?ht=;
119. Office of the US Trade Representative, WTO Panel Issues Mixed Verdict in Cotton Case: United States Successfully Defends Decoupled Payments from "Serious Prejudice" Claims (8 Sept. 2004), available at http:// www.ustr.gov/Document_Library/Press_Releases/2004/September/ WTO_Panel_Issues_Mixed_Verdict_in_Cotton_Case.html?ht=.
120. Transcript of Press Release Teleconference Call with Richard Mills, Asst. US Trade Rep. For Media and Public Affairs (24 Feb. 2005), available at http://www.ustr.gov/Document_Library/Transcripts/2005/ February/Transcript_of_Press_Teleconference_Call_with_Richard_ Mills_Assistant_US_Trade_Representative_for_Media_Public_Affairs.htmi?ht=.
121. Oxfam, The Great EU Sugar Scam, Briefing Paper 27, available at http:// www.maketradefair.com/en/index.htm.
122. See Oxfam Briefing Paper, US Bullying on Drug Patents: One Year after Doha, available at http://www.maketradefair.com/en/assets/english/ bp33_bullying.pdf.
123. See Press Release, Talks Suspended: 'Today there are only Losers' (24 July 2006), available at http://www.wto.org/english/news_e/news06_e/ mod06_summary_24july_e.htm.
124. UN Millennium Development Goals (2005), available at http://www.un.org/ millenniumgoals/.
125. Rights and Democracy, Implementing the Human Right to Food: Domestic Obligations and the International Trade in Agriculture, submitted to the UN Food and Agricultural Organization, 2d sess., (27-29 Oct. 2003), available at http://www.dd-rd.ca/site/publications/ index.php?subsection=catalogue&lang=en&id=1358.
126. Communication from the Commission to the European Parliament, the European Economic and Social Committee and the Committee of the Regions, The Social Dimension of Globalisation-The EU's Policy Contribution on Extending the Benefits to All 52 (18 May 2004). See Fair Globalisation: Creating Opportunities for all (24 Feb. 2004), available at http:// www.ilo.org/public/english/fairglobalization/report/index.htm.
127. The Millenium Challenge Account is a new approach to financing and encouraging development that focuses on incentives for countries moving towards better governance and investing in their people. See, available at http://www.whitehouse.gov/infocus/developingnations/millennium.html. According to the US Government, Millennium Challenge Account assistance will go to those countries that have developed well-designed programs with clear objectives, benchmarks to measure progress, procedures to ensure fiscal accountability for the use of MCA assistance, and a plan for effective monitoring and objective evaluation of results.
128. The MCA draws on lessons learned about development over the past fifty years: 1.Aid is most effective when it reinforces sound political, economic and social policies - which are key to encouraging the inflows of private capital and increased trade - the real engines of economic growth; 2 Development plans supported by a broad range of stakeholders, and for which countries have primary responsibility, engender country ownership and are more likely to succeed; 3 Integrating monitoring and evaluation into the design of activities boosts effectiveness, accountability, and the transparency with which taxpayer resources are used. See Millenium Challenge Account, available at http://www.mca.gov/ about_Us/overview/index.shtml.
129. Robert Zoellick, America's Trade Policy Agenda, Testimony before the House Ways and Means Committee (26 Feb. 2003);
130. Marcela Sanchez, Latin America Needs More than Words, Seattle Post- Intellegencer, 25 Feb. 2005.
131. Right before he took office, Supachai Panitchpakdi, suggested that the Doha Round include a code of conduct for multinationals, which presumably would have addressed human rights. But his idea was not well received and he quickly abandoned it. Elizabeth Olson, For WTO's Next Chief, A Long Listof Headaches, N.Y. Times, 15 Aug. 2002, at W1, W7.
132. In June 2003, he set up a consultative board to reinforce the multinational trading system by examining the functioning of the WTO. Report by the Consultative Board to the Director-General Supachai Panitchpakdi, The Future of the WTO: Addressing Institutional Challenges in the New Millennium 10 (Dec. 2004). The members of the WTO have not asked the organization to examine the human rights impact of trade although the Office of the High Commission for Human Rights has discussed trade. See Caroline Dommen, No Sell-Out on Trade in the Human Rights Commission (Apr. 2003) available at http:// www.reports-and-materials.org/Trade-Human-Rights-Commission.htm.
133. Interview with Gabriel Marceau, & Bruce Wilson, of the WTO's Legal Division, Geneva, Switzerland, 21 Apr. 2005;
134. Interview with Patrick Rata, External Relations, Geneva Switzerland, 21 Apr. 2005.
135. Oxfam, Programme Impact Report, supra note 42, at 3-4;
136. see also, available at http://www.oxfam.org.uk?what_we_do/issues/ evaluation.
137. Id. at 5, 6, 59.
138. Id. at 10, 18.
139. More than 2 billion people in developing countries have no regular access to the drugs they need, partly because prices are too high. Price matters because most people in poor countries pay for medicines out of their own pocket. See Access to Medicines: The Constant Gardener, available at http://www.maketradefair.com/en/index.php?file= constant03.htm.
140. See One by One: How Oxfam America Supporters Can Make Trade Fair, available at http://www.oxfamamerica.org/whatyoucando/act_now/ fallactioncenter/one_toolkit.pdf.
141. Starbucks Coffee Company, the Ford Foundation, Oxfam America and CEPCO (Oaxacan State Coffee Producers Network), collaborated on a pilot project to help small-scale Mexican coffee producers expand their access to the global marketplace and increase the availability of high-quality Fair Trade certified coffee. This collaboration aims to enhance the livelihood and capabilities of small-scale coffee farmers and simultaneously improve the experience of coffee-drinkers. Press Release, Oxfam America Website, Starbucks, Ford Foundation, Oxfam America and CEPCO Announce Innovative Collaboration to Increase the Supply of High Quality Fair Trade Coffee (29 July 2002), available at http:// www.oxfamamerica.org/newsandpublications/press_releases/archive2002/ art3007.html. The collaboration has been suspended.
142. Unilver and Oxfam, A Case Study of Unilever in Indonesia, available at http://www.unilever.com/ourcompany/newsandmedia/unileverindonesia.asp.
143. See generally Doha Development Agenda: Negotiations, Implementation and Development, available at http://www.wto.org/english/tratop_e/dda-e/ dda_e.htm#dohadeclaration;
144. Oxfam, Programme Impact Report, supra note 42, at 31.
145. See The WTO's 2005 update on negotiations, available at http:// www.wto.org/english/thewto_e/minist_e/min05_e/final_text_e.htm;
146. WTO summary of the progress of negotiations, available at http:// www.wto.org/english/news_e/archive_e/tnc_arc_e.htm;
147. Susan Aaronson & Jamie Zimmerman, How to jumpstart the WTO, Yale Global Online (26 May 2005), available at http://yalegIobal.yale.edu/ display.article?id=5761.
148. Oxfam UK Press Release, Rich Countries Must Not Pursue "Business as Usual" in Trade Talks (26 Jan. 2006), available at http:// www.oxfam.co.uk/press/releases/trade_260106.htm.
149. Id.;
150. Oxfam Press Release, Oxfam Urges USA and EU to Break Trade Deadlock to Help Poor Countries (22 Feb. 2006), available at http://www.oxfam.org.uk/ press/releases/wto_mandelson220206.htm.
151. Pascal Lamy. What now, trade ministers? Int'l Herald Trib., 27 July 2006, available at http://www.iht.com/articles/2006/07/27/opinion/ edlamy.php. For Oxfam's response to the trade talks' suspension,
152. see Press Release, Rich Countries Not Off the Hook After Breakdown of WTO Talks (26 July 2006), available at http://www.oxfamamerica.org/ newsandpublications/press_releases/press_release.2006_07_26.8646511909;
153. and its overview entitled Suspension of the Doha Round = A Wasted Opportunity, available at http://www.maketradefair.com/en/ index.php?file=qa_doha_suspended.html&cat=2&subcat=1 &select=1.
154. Phone Interview with Kevin Watkins, author, Rigged Rules, (17 Mar. 2005);
155. Phone Interview with Phil Bloomer, Executive Director Oxfam International, (1 Mar. 2005);
156. Phone Interview with Alison Woodhead, Oxfam International, (1 Mar. 2005).
157. Interview with Watkins, supra note 110;
158. Interview with Bloomer, supra note 110;
159. Interview with Woodhead, supra note 110.
160. E-mail Communication, Chad Dobson, Policy Director, Oxfam USA to Susan Aaronson (13 May 2005).
161. Interview with Watkins, supra note 110.
162. See, e.g., Mariame Williams, Free Trade or Fair Trade: An Overview of WTO and the myths surrounding It (Sept. 2003);
163. Marianne C. Scott, A Citizen's Guide to Global Economic Policymaking 6, 32-33 (2002).
164. Oxfam, Programme Impact Report, supra note 42, at 3-4;
165. Economist Global Agenda, Unpicking Cotton Subsidies, (30 Apr. 2004), available at http://www.economist.com/agenda/ displayStory.cfm?story_id=2626900.
166. Make Trade Fair, Patent Injustice, available at http:// www.maketradefair.com/en/index.php?file=05092003160059.htm.
167. Id.
168. See Make Trade Fair, Ever Felt Dumped On?, available at http:// www.maketradefair.com/en/index.php?file=dumpedphotos.htm.
169. Oxfam, The Great EU Sugar Scam, supra note 87.
170. Anand Menon, The Bitter Truth about European Sugar, Financial Times, 25 Feb. 2005, at 13, available at http://search.ft.com/ searchArticle?queryText=the+bitter+truth+about+european+ sugar&javascriptEnabled=true&id=050224007856.
171. Katherine Quarmby, Why Oxfam is Failing Africa, New Statesman, 30 May 2005, available at http://www.newstatesman.com/200505300004.
172. Jagdish N. Bhagwati, The Truth about Trade, Wall St. J., 18 Jan. 2005, available at http://www.columbia.edu/%7Ejb38/WSJ%20Op%20Ed_jan05.pdf.
173. Robert Barro, Determinants of Economic Growth 67 (1997).
174. Ethan Kapstein, Behavioral Foundation for Democracy and Development, Working Paper Number 52, at 12 (Dec. 2004).
175. The State University of New York at Binghamton has a comprehensive data set, the CIRI Human Rights Data Project, which contains standards-based quantitative information on government respect for thirteen internationally recognized human rights for 195 countries, annually from 1981-2003. It is designed for use by scholars and students who seek to test theories about the causes and consequences of human rights violations, as well as policy makers and analysts who seek to estimate the human rights effects of a wide variety of institutional changes and public policies including democratization, economic aid, military aid, structural adjustment, and humanitarian intervention. See generally, available at http://ciri.binghamton.edu/ and as an example of how that data has been used, Ifie M.F. Okwuje, Human Rights and Globalization: Is it Time to Take This Relationship in a New Direction?, Unpublished Paper prepared for the American Political Science Association 2004 conference (2 Sept. 2004) (on file with authors).
176. David L. Richards et al., Money with a Mean Streak? Foreign Economic Penetration and Government Respect for Human Rights in Developing Countries, 45 Int'l Stud. Q. 219 (2001);
177. David L. Richards & Ronald D. Gelleny, Business Friendly or Friendly Business: Examining the Impact of Government Respect for Human Rights on Foreign Economic Penetration in Developing States, Unpublished Paper (on file with authors);
178. Shannon Blanton & Robert G. Blanton, Trade and Human Rights: Beyond the Spotlight, Unpublished Paper (on file with authors).
179. Economists are often skeptical concerning the economic effects of various forms of human rights: some think protecting basic human rights can make the legal system less efficient and that extensive social rights are incompatible with market economies. Lorenz Blume and Stefan Voigt of the University of Kassel, Germany argue that basic human rights are a precondition for other kinds of rights such as property and civil rights and that they are thus efficiency-enhancing. They identify four different groups of rights and asked what effects they have on welfare and growth. They estimate their effects on investment in both physical and human capital and overall productivity. Basic human rights have indeed a positive effect on investment, but do not seem to contribute to productivity. Social or emancipatory rights, in turn, are not conducive to investment in physical capital but do contribute to productivity improvements. They also found that none of the four groups of rights ever has a significant negative effect on any of the economic variables here included. The research was published as: Lorenz Blume and Stefan Voigt, Improving Credibility by Delegating Judicial Competence - the Case of the Judicial Committee of the Privy Council, University of Kassell Working Paper, No.67/04 (Dec. 2004), available at http:// econpapers.repec.org/paper/kaswpaper/2004_67.htm.
180. See also Randall Peerenboom, Show Me the Money. The Dominance of Wealth in Determining Rights Performance in Asia, 15 Duke J. Comp. & Int'l L. 75 (2004);
181. Daniel A. Farber, Rights as Signals, 31 J. Legal Stud. (Dec. 2000), available at http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=301986.
182. Kaufmann, Kraay, & Mastruzzi, Governance Matters IV, supra note 9;
183. World Bank, Doing Business in 2004, supra note 9;
184. Kapstein, Behavior Foundations of Democracy and Development, supra note 9;
185. Rodrik, et al., Institutions Rule: The Primacy of institutions over Geography and Integration in Economic Development, supra note 9.