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Human Rights and International Trade$
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Thomas Cottier, Joost Pauwelyn, and Elisabeth Bürgi

Print publication date: 2005

Print ISBN-13: 9780199285822

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199285822.001.0001

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Linkages between Freedom of Expression and Unfair Competition Rules in International Trade: The Hertel Case and Beyond

Linkages between Freedom of Expression and Unfair Competition Rules in International Trade: The Hertel Case and Beyond

Chapter:
Linkages between Freedom of Expression and Unfair Competition Rules in International Trade: The Hertel Case and Beyond
Source:
Human Rights and International Trade
Author(s):

Thomas Cottier

Sangeeta Khorana

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285822.003.0013

This chapter seeks to explore the relationship between unfair competition rules and freedom of expression, including the right to provide and obtain information. Both areas are of uncontested importance in their respective fields. Both areas developed independently. Their mutual impact and relationship are still largely unsettled in law, both domestically and even more so internationally. Freedom of expression, entailing free speech, freedom of the press, and freedom of information, both active and passive, are at the core of classical human rights. These rights to communication are of paramount importance for the functioning of democracy in pluralist societies.

Keywords:   freedom of expression, unfair competition, right to information, human rights, democracy, pluralist societies

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