International trade and human rights

Abstract

The objective of this dissertation is to demonstrate that there is an interrelation between the international trade regime and the international human rights regime. This interrelation derives from the commonality between the objectives of the two regimes, as demonstrated in Chapters one and two respectively. However, as a result of the two regimes being generally viewed as distinct, and as having unrelated mandates, the implementation of certain WTO rules and policies has had human rights implications. Chapter III discusses a selected few of these issues, especially in relation to the realisation of economic and social rights. Chapter IV presents a legal discussion of the possibility of disputes being taken to the WTO Dispute Settlement Mechanism to resolve conflicts between trade rules and trade) measures unde1taken by governments to protect human rights. It also looks at the proposal by some human rights proponents, for extraterritorial enforcement of human rights through the WTO and its Dispute Settlement Mechanism. The latter is also discussed in terms of whether trade sanctions are indeed effective vis-a-vis human rights realisation. The final chapter concludes with proposals for the formalisation of co-operation and consultation between the international trade regime and the UN human rights regime, in view of exploiting the commonality between the objectives of the two regimes in a constructive manner towards ensuring human rights realisation.