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Blame it on the WTO

Sarah Joseph
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The article was published on 2011-05-01 and is currently open access. It has received 26 citations till now. The article focuses on the topics: Blame.

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Joseph, Sarah
Book — Published Version
Blame it on the WTO? A Human Rights Critique
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Suggested Citation: Joseph, Sarah (2011) : Blame it on the WTO? A Human Rights Critique,
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BLAME IT ON THE WTO?
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This is an open access version of the publication distributed under the terms of the Creative Commons Attribution-NonCommercial-
NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/3.0/
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Blame it on the WTO?
A Human Rights Critique
SARAH JOSEPH
1
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Citations
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Trade Policy and Public Health

TL;DR: An overview of the modern global trade environment is provided, the pathways between trade and health are illustrated, and the emerging twenty-first-century trade policy landscape and its implications for health and health equity are explored.
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The Responsive Union: National Elections and European Governance

TL;DR: Schneider et al. as mentioned in this paper developed and tested a theoretical framework of the intergovernmental dimension of responsive governance in the European Union, using evidence amassed over nearly ten years of multi-method research.
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The Promotion and Integration of Human Rights in EU External Trade Relations

TL;DR: The European Union (EU) has made the upholding of human rights an integral part of its external trade relations and requires that all trade, cooperation, partnership and association agreements with third countries, including unilateral trade instruments, contain with varying modalities and intensity a commitment to the respect for human rights.
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Negotiating from the margins: how the UN shapes the rules of the WTO

TL;DR: In this paper, a surprising and unexpected actor playing an important role in shaping WTO rules on agriculture is analyzed, arguing that UN actors do not have a seat at the bargaining table, but they invoke their delegated and moral authority and initiate actions to shape global trade rule-making.
Journal ArticleDOI

What's yours is ours: waiving intellectual property protections for COVID-19 vaccines.

TL;DR: In this article, the authors give an ethical argument for temporarily waiving intellectual property (IP) protections for COVID-19 vaccines and examine two proposals under discussion at the World Trade Organization (WTO): the India/South Africa proposal and the WTO DG proposal.
References
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Book ChapterDOI

Human Rights Committee

Eckart Klein
TL;DR: The Human Rights Committee of the International Covenant on Civil and Political Rights (CCPR) Human Rights Conventions, as an international supervisory organ right from the beginning (Articles 28-45), changed in character during its long genesis.
Frequently Asked Questions (11)
Q1. What are the contributions mentioned in the paper "Blame it on the wto? a human rights critique" ?

In this paper, it has been argued that the WTO and human rights have divergent philosophical backgrounds and goals, contrary to the claims of, for example, Pascal Lamy and Professor Ernst- Ulrich Petersmann. 

freedom of expression is essential to a functional political system, so that there can be a free fl ow of communication between the elected and those whom they represent, and within society to ensure governmental accountability. 

Th e key instruments for the purposes of this book are the two Covenants: the ICCPR and the ICESCR, though some reference will be made to other instruments, especially the UDHR and the Declaration on the Right to Development. 

Social rights are those needed to function adequately in society such as the right to family life (Article 10), the right to an adequate standard of living (Article 11), the right to health (Article 12) and the right to education (Articles 13 and 14). 

Th e WTO has a strong dispute settlement mechanism, established under the Understanding on Rules and Procedures Governing the Settlement of Disputes. 

the process of setting priorities must involve eff ective participation of all stakeholders, including the poorest and most vulnerable segments of the population. 

Given the uncertainties that remain over the scope of WTO obligations, there is a danger of ‘regulatory chill’, in that a State might fear that the adoption of certain human rights measures will breach WTO law, and it may therefore fail to adopt them even if such a failure breaches its human rights obligations.²¹ 

Th ere are also single issue human rights treaties such as the European Convention against Torture 1987, again supervised by a quasijudicial body. 

It is not responsible for the rights conferred directly on foreign investors, largely MNCs, under the many hundreds of bilateral investment treaties (BITs) that criss- cross the world; it is feared that these rights constrain the ability of States to regulate foreign investors so as to protect human rights.¹³ 

Human Rights and Customary International Law 29reasonableness is often the test used for identifying violations of measures which interfere with civil and political rights. 

It is not responsible for the proliferation of bilateral and regional free trade agreements (FTAs), which impose more onerous obligations than the WTO agreements, allegedly to the detriment of human rights.¹4