World Trade Organization and Human Rights

2016 ◽  
Author(s):  
Muhammad Sohail Asghar
2021 ◽  
pp. 119-142
Author(s):  
Ernst-Ulrich Petersmann

Legal history confirms that general interests of citizens can be protected most effectively through ‘democratic’ and ‘republican constitutionalism’ protecting constitutional rights and remedies of citizens and of their democratic and judicial institutions to hold governments accountable for providing public goods (PGs). Yet, the United Nations (UN), World Trade Organization (WTO), and related multilevel governance institutions do not effectively protect general interests and corresponding rights of citizens. The inadequate legal, democratic, and judicial accountability of intergovernmental power politics entails that – outside Europe’s multilevel ‘common market constitutionalism’ and ‘human rights constitutionalism’ – many governance institutions fail to protect transnational PGs effectively. This contribution explains why – even if ‘global democracy’ remains a utopia – today’s universal recognition of ‘inalienable’ human rights and of related constitutional principles requires re-interpreting the power-oriented ‘international law of states’ as multilevel governance of transnational PGs for the benefit of citizens and their constitutional rights.


1996 ◽  
Vol 45 (3) ◽  
pp. 592-632 ◽  
Author(s):  
Halina Ward

In June 1992 the UN Conference on Environment and Development (UNCED) took place in Rio de Janeiro; 1993 was the year of the World Conference on Human Rights, 1994 the year of the Cairo International Conference on Population and Development, and in March 1995 it was the turn of the World Summit for Social Development in Copenhagen.


2009 ◽  
Author(s):  
Sarah Joseph ◽  
David Kinley ◽  
Jeff Waincymer

2003 ◽  
Vol 25 (2) ◽  
Author(s):  
Peter Binger

AbstractThe following response to the essays by Dietrich, Kesselring and Schefczyk discusses impartiality and foundations of special duties; utilitarianism, foreign aid, NGOs and human rights; and ethical aspects of free trade and the World Trade Organization.


Author(s):  
Dommen Caroline

Does the global trading system operate to the detriment of human rights? Some people think so. Many argue that trade policy interferes with a nation's capacity to develop its own human rights policies in the areas of health, nutrition, and medical services. This article examines that contention by studying how World Trade Organization (WTO) rules limit a country's ability to uphold the right to health for its citizens and suggests ways that human rights norms and mechanisms can be employed as counterweights to socially harmful WTO polices. The author concludes that most commentators agree that human rights are inalienable and thus would prevail in a judicial setting and that human rights mechanisms have been underused by proponents of public health.


Author(s):  
Suerie Moon ◽  
Thirukumaran Balasubramaniam

The ability of governments to protect and promote health-related human rights can be constrained by international trade rules, including those of the World Trade Organization (WTO). The WTO rules can increase medicine prices, challenge tobacco control measures, restrict national food safety policies, and facilitate brain drain from public health services. This chapter offers a brief history of the WTO’s origins, a high-level overview of the health implications of various WTO agreements, and a closer look at how two key issues—access to medicines and tobacco control—have created greater policy space for health within the WTO. It then identifies the institutional factors that promote or hinder human rights protection and offers conclusions on the prospects for institutionalization of health-related human rights. This chapter concludes that protecting health within the WTO and broader global trade regime is possible, but remains a significant challenge due to major power asymmetries.


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