The Human Rights Impact of the World Trade Organisation

James Harrison

• Publisher: Hart Publishing
• Year: 2007
• Print ISBN: 9781841136936
• eBook ISBN: 9781847313744
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

Table of contents

• Acknowledgments
• Summary Contents
• Contents
• List of Abbreviations
• PART IKey Conceptual Issues of theInternational Trade Law andInternational Human Rights Systems
• 1The Justice Dimension of the WTO
• I. INTRODUCTION
• II. THE BROADER CONTEXT
• III. THE DEVELOPMENT OF THE INTERNATIONALTRADING SYSTEM—HISTORY AND ETHOS
• IV. THE FORMATION OF THE WTO
• V. CONCEPTS OF JUSTICE IN THE WTO
• VI. INTERNATIONAL HUMAN RIGHTS LAW OBLIGATIONSIN A TRADE LAW CONTEXT
• 2A Human Rights Methodologyfor Analysis
• I. INTRODUCTION
• II. A LEGAL POSITIVIST APPROACH TO HUMAN RIGHTS
• III. DIFFERENTIATING HUMAN RIGHTS FROM OTHER MORAL THEORIES
• IV. CHALLENGES TO THE USE OF A HUMAN RIGHTS METHODOLOGYFOR ASSESSING TRADE LAW RULES
• V. THE IMPORTANCE OF A CONCEPTION OF HUMAN RIGHTSTHAT INCLUDES EQUAL RECOGNITION OF ECONOMIC,SOCIAL AND CULTURAL RIGHTS
• VI. CONCLUSIONS
• 3The Rationale for a Human RightsMethodology in the WTO Context
• I. INTRODUCTION
• II. TRADITIONAL HOSTILITY TO HUMAN RIGHTS AND TRADE LINKAGE
• III. THE NEED FOR A RE-EVALUATION OF THE TRADE ANDHUMAN RIGHTS RELATIONSHIP?
• IV. THE POTENTIAL OF INTERNATIONAL TRADE RULES TOENHANCE HUMAN RIGHTS
• V. THE IMPORTANCE OF AN EXPLICIT HUMAN RIGHTS DISCOURSE
• VI. CONCLUSIONS
• PART IIKey Legal Issues in Assessing theHuman Rights Impact of the WTO
• 4A Legal Framework for the Analysis ofthe Human Rights Impacts of theWorld Trade Organisation
• I. INTRODUCTION
• II. INTERNATIONAL TRADE LAW, INTERNATIONAL HUMAN RIGHTSLAW AND THE INTERNATIONAL LEGAL SYSTEM
• III. ACCOUNTING FOR HUMAN RIGHTS IN THE TRADE LAW CONTEXT
• IV. DISPUTED HIERARCHIES: HUMAN RIGHTS ANDTRADE LAW NORMS AND STANDARDS
• V. IUS COGENS AND ERGA OMNES OBLIGATIONS
• VI. A METHODOLOGY FOR DEALING WITH HUMAN RIGHTSISSUES IN THE TRADE LAW CONTEXT
• VII. RATIONALE FOR THE PROPOSED METHODOLOGY FOR DEALINGWITH HUMAN RIGHTS IN THE TRADE LAW CONTEXT
• VIII. CONCLUSIONS
• 5Some Background Issues onConditionality-Based Measures
• I. INTRODUCTION
• II. TYPOLOGIES OF CONDITIONALITY-BASED MEASURES
• III. GENERAL TRADE RESTRICTIONS
• IV. TAILORED TRADE RESTRICTIONS
• V. CONCLUSIONS
• 6Conditionality-Based Measures inMultilateral Frameworks
• I. INTRODUCTION
• II. TRADE RESTRICTIONS AUTHORISED BY THE UNITED NATIONS
• III. TRADE RESTRICTIONS AUTHORISED BY THE ILO
• IV. THE KIMBERLEY PROCESS CERTIFICATION SCHEME
• V. CONCLUSIONS
• 7Unilateral Conditionality-BasedMeasures
• I. INTRODUCTION
• II. TREATMENT OF UNILATERAL TRADE RESTRICTIONS UNDER GENERALINTERNATIONAL LAW AND INTERNATIONAL HUMAN RIGHTS LAW
• III. TREATMENT OF UNILATERAL TRADE MEASURES UNDER WTO LAW
• IV. THE POTENTIAL FOR WTO RULES TO PREVENTUNILATERAL TRADE RESTRICTIONS
• V. THE POTENTIAL FOR WTO RULES TO ALLOWUNILATERAL TRADE RESTRICTIONS
• VI. A ROLE FOR THE WTO IN OVERSEEING UNILATERALCONDITIONALITY-BASED MEASURES?
• VII. CONCLUSIONS
• 8A Legal Framework forAssessing Compliance andCooperation-Based Measures
• I. INTRODUCTION
• II. PARTICULAR ISSUES RELATING TO COMPLIANCE ANDCOOPERATION-BASED HUMAN RIGHTS MEASURES
• III. THE GENERAL METHODOLOGY OF THE OHCHR REPORTS
• IV. ANALYSIS OF THE OHCHR APPROACH TO ASSESSING THE HUMANRIGHTS IMPACT OF WTO AGREEMENTS
• V. INTERPRETATION OF THE OBLIGATIONS THAT ARISEFROM ICESCR PROVISIONS
• VI. DIFFERENT METHODOLOGICAL APPROACHES OF INTERNATIONALTRADE LAW AND INTERNATIONAL HUMAN RIGHTS LAW
• VII. DIFFERING PRINCIPLES OF NON-DISCRIMINATION
• VIII. MECHANISMS IN THE TRADE AGREEMENTS FOR OVERCOMINGPOTENTIAL HUMAN RIGHTS VIOLATIONS
• IX. LIMITATIONS OF THESE MECHANISMS
• X. CONCLUSIONS
• 9A Case Study of Compliance andCooperation-Based Measures:The Trips Agreement and Access toEssential Medicines
• I. INTRODUCTION
• II. THE EFFECT OF INTELLECTUAL PROPERTY PROTECTION ONACCESS TO ESSENTIAL MEDICINES
• III. A HUMAN RIGHTS APPROACH TO ESSENTIAL MEDICINES
• IV. A TRADE LAW APPROACH TO ESSENTIAL MEDICINES
• V. USE OF TRIPS TO ENFORCE INTELLECTUAL PROPERTY RIGHTS
• VI. THE DOHA DECLARATION NEGOTIATIONS
• VII. THE IMPACT OF A HUMAN RIGHTS DISCOURSE ON THETRIPS AND ACCESS TO MEDICINES DEBATE
• VIII. CAN THE DOHA DECLARATION AND DECISION ON PARAGRAPH 6EFFECTIVELY PROTECT DEVELOPING COUNTRIES’ RIGHT TOPROTECT THE PUBLIC HEALTH OF THEIR POPULATIONS?
• IX. CONCLUSIONS: LESSONS TO BE LEARNED FOROTHER WTO AGREEMENTS
• PART IIIFuture Strategies for the Protection andPromotion of Human Rights in theInternational Trade Law context
• 10Reappraising the Protectionand Promotion of Human Rightsin the WTO
• I. INTRODUCTION
• II. DIFFERENT APPROACHES FOR DIFFERENT TYPES OFHUMAN RIGHTS MEASURES
• III. SIMILARITIES IN THE TREATMENT OF ALL TRADE-RELATEDHUMAN RIGHTS MEASURES
• IV. WTO TRADE RULES VERSUS RULES NEGOTIATED OUTSIDETHE WTO FRAMEWORK
• V. STRATEGIES FOR A MORE SYSTEMATIC HUMAN RIGHTS APPROACHTO INTERNATIONAL TRADE LAW RULES
• 11Raising Explicit Human RightsArguments in WTO DisputeSettlement Proceedings
• I. INTRODUCTION
• II. THE JURISDICTIONAL COMPETENCE OF WTODISPUTE SETTLEMENT BODIES
• III. METHODOLOGIES FOR RAISING HUMAN RIGHTS ARGUMENTSIN WTO DISPUTE SETTLEMENT PROCEEDINGS
• IV. MECHANISMS FOR RAISING HUMAN RIGHTS ISSUESTHROUGH WTO AGREEME
• V. NON-DISCRIMINATION PROVISIONS OF WTO AGREEMENTS
• VI. GENERAL EXCEPTION CLAUSES30
• VII. KEY FEATURES OF THE GENERAL EXCEPTION CLAUSES
• VIII. THE HUMAN RIGHTS APPLICABILITY OF THEPUBLIC MORALS EXCEPTION
• IX. HUMAN RIGHTS INTERPRETATION OF THEPUBLIC MORALS EXCEPTION
• X. CONCLUSIONS
• 12Broader Strategies for EnsuringTrade Law Rules do not NegativelyImpact Upon Human Rights
• I. INTRODUCTION
• II. MONITORING THE IMPACT OF TRADE AGREEMENTS ON THEPROTECTION AND PROMOTION OF HUMAN RIGHTS
• III. IMPROVING THE SPECIFICITY OF HUMAN RIGHTS IN THETRADE LAW CONTEXT
• IV. CLARIFYING THE (POTENTIAL) IMPACT OF WTO AGREEMENTS ONTHE PROTECTION AND PROMOTION OF HUMAN RIGHTS
• V. THE VALUE OF EXPRESS REFERENCE TO HUMAN RIGHTSIN THE WTO CONTEXT
• VI. PROCEDURAL HUMAN RIGHTS ISSUES IN THE WTO CONTEXT
• VII. CONCLUSIONS
• Concluding Remarks
• I. COMPLEX INTER-LINKAGES REQUIRE MULTI-FACETEDFUTURE STRATEGIES
• II. EXPLORATION BEYOND CONFLICT RESOLUTION
• III. A POLICY-ORIENTATED APPROACH TO FUTURE STRATEGIES
• Bibliography
• Index