Le commerce équitable et la société civile internationale :
SUMMARY The international trade law passes through a crisis of legitimacy following the inequitable character of its rules and the irrelevance of its principles to the peculiarities of the North-South relations. Being the legal translation of the capitalist free market economic system, these rule...
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| Format: | Article ou chapitre numérique |
| Jezik: | Français |
| Izdano: |
2003
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| Online dostop: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Izvleček: | SUMMARY
The international trade law passes through a crisis of legitimacy following the
inequitable character of its rules and the irrelevance of its principles to the
peculiarities of the North-South relations. Being the legal translation of the capitalist
free market economic system, these rules are to protect the mercantile and free trade
values. In order to overcome this crisis the movement of fair trade has emerged and
has since its origin been supported by members of the international civil society. Fair
trade means taking into account the standard of living and the conditions of
employment of the marginalized producers in developing countries so as to improve
them. This study is an attempt to demonstrate that this movement reflects the
emergence of a new model of legal regulation facing economic globalisation. It
follows the objective of the creation of a global law of « the economy of solidarity ».
The norms of this new order are the result of spontaneous legal practices and actions
taken by the international civil society. They have their roots not in the model of the
market economy but in that of the « economy of solidarity ». They are made of a set
of compulsory principles (fair pricing, sustainable development, observing
fundamental rules related to labour conditions), which are implemented by two legal
tools instituted by fair trade organisations and producers, that is to say the
international contracts of fair trade and the fair trade standards. The principles and
standards of this global law are being more and more recognized by the law of the
European Union and by the systems of some of its Member States. This article also
discusses the conditions of the recognition of this new model by the international
community. |
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