IDEAS home Printed from https://ideas.repec.org/a/cai/riddbu/ride_172_0197.html
   My bibliography  Save this article

Le commerce équitable et la société civile internationale :. Une chance pour la mondialisation d'un droit de l'économie solidaire

Author

Listed:
  • Walid Abdelgawad

Abstract

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.

Suggested Citation

  • Walid Abdelgawad, 2003. "Le commerce équitable et la société civile internationale :. Une chance pour la mondialisation d'un droit de l'économie solidaire," Revue internationale de droit économique, De Boeck Université, vol. 0(2), pages 197-232.
  • Handle: RePEc:cai:riddbu:ride_172_0197
    as

    Download full text from publisher

    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_172_0197
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2003-2-page-197.htm
    Download Restriction: free

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_172_0197. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire). General contact details of provider: http://www.cairn.info/revue-internationale-de-droit-economique.htm .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.