WTO Rights and Human Rights in the WTO Arbitration (WTO-Rechte und Menschenrechte im WTO-Schiedsverfahren)

19 Pages Posted: 28 Jul 2008

Date Written: July 28, 2008

Abstract

This article deals with the question whether the WTO Dispute Settlement Body has the freedom or even the obligation to consider human rights as applicable law beside WTO law within a dispute settlement or whether the Dispute Settlement Body is restricted only to law covered by the WTO agreement. It is worked out that due to the fact that the WTO member states are also members of the UN and have also signed numerous human rights treaties, the Dispute Settlement Body has the right to consult also human rights in order to create conformity within the legal system. This point of view is also supported by several articles of the WTO Dispute Settlement Understanding.

Keywords: WTO, Dispute Settlement Body, Human Rights

JEL Classification: F10, F19, K33

Suggested Citation

Westermeier, Andreas, WTO Rights and Human Rights in the WTO Arbitration (WTO-Rechte und Menschenrechte im WTO-Schiedsverfahren) (July 28, 2008). Available at SSRN: https://ssrn.com/abstract=1181696 or http://dx.doi.org/10.2139/ssrn.1181696

Andreas Westermeier (Contact Author)

University of Muenster ( email )

Schlossplatz 2
M√ľnster, D-48149
Germany

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