Blame it on the WTO
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Citations
Trade Policy and Public Health
The Responsive Union: National Elections and European Governance
The Promotion and Integration of Human Rights in EU External Trade Relations
Negotiating from the margins: how the UN shapes the rules of the WTO
What's yours is ours: waiving intellectual property protections for COVID-19 vaccines.
References
Human Rights Committee
Related Papers (5)
Frequently Asked Questions (11)
Q2. What is the importance of freedom of expression to a functional political system?
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.
Q3. What are the key instruments for the purposes of this book?
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.
Q4. What are the rights that are needed to function in society?
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).
Q5. What is the WTO’s mechanism for settling disputes?
Th e WTO has a strong dispute settlement mechanism, established under the Understanding on Rules and Procedures Governing the Settlement of Disputes.
Q6. What are the conditions for setting priorities?
the process of setting priorities must involve eff ective participation of all stakeholders, including the poorest and most vulnerable segments of the population.
Q7. What is the danger of a failure to adopt WTO laws?
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
Q8. What are the other treaties that are supervised by a quasijudicial body?
Th ere are also single issue human rights treaties such as the European Convention against Torture 1987, again supervised by a quasijudicial body.
Q9. What is the important reason why the WTO is not responsible for the rights conferred directly?
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
Q10. What is the definition of a reasonableness test used for identifying violations of measures which interfere?
Human Rights and Customary International Law 29reasonableness is often the test used for identifying violations of measures which interfere with civil and political rights.
Q11. What is the important reason why the WTO is not responsible for the proliferation of bilateral and?
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