Economic Sanctions and Human Rights/Preferential Trade and Human Rights

9 Pages Posted: 19 Feb 2008

See all articles by Krista Nadakavukaren Schefer

Krista Nadakavukaren Schefer

University of Bern - Institute of European and International Economic Law; Juristische Fakultät, Universität Basel

Date Written: January 1, 2007

Abstract

The law of trade liberalization found in WTO agreements and the protection of human rights are intimately bound through the use of economic sanctions. While the general international law perspective on economic sanctions is one of permissiveness within the limits of humanitarian and human rights law, the law of the World Trade Organization restricts its Members from applying economic sanctions against other Members unless the trade restricting measures fall within the general exceptions provisions. This leads to a constellation where potentially human rights-violating sanctions programs are explicitly excepted from WTO oversight, whereas sanctions by single Members, that are unlikely to impose human costs by virtue of their limited scope, face high barriers under WTO laws.

Keywords: Economic sanctions, Human Rights, Preferential trade, World Trade Organization

Suggested Citation

Nadakavukaren Schefer, Krista and Nadakavukaren Schefer, Krista, Economic Sanctions and Human Rights/Preferential Trade and Human Rights (January 1, 2007). NCCR Trade Regulation Working Paper No. 2007/02, Available at SSRN: https://ssrn.com/abstract=1094667 or http://dx.doi.org/10.2139/ssrn.1094667

Krista Nadakavukaren Schefer (Contact Author)

Juristische Fakultät, Universität Basel ( email )

United States

University of Bern - Institute of European and International Economic Law ( email )

Hallerstrasse 6
Bern, CH-3012
Switzerland

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
448
Abstract Views
2,594
Rank
118,606
PlumX Metrics