Raising Human Rights Arguments in WTO Dispute Settlement Proceedings

THE IMPACT OF THE WORLD TRADE ORGANISATION ON THE PROTECTION AND PROMOTION OF HUMAN RIGHTS, James Harrison, ed., Hart Publishing, September 2007

Warwick School of Law Research

70 Pages Posted: 24 Oct 2009 Last revised: 15 Nov 2009

See all articles by James Harrison

James Harrison

University of Warwick - School of Law

Date Written: October 23, 2009

Abstract

There is considerable disagreement about the mechanisms by which to find consistency between trade law and human rights law rules, norms and standards, particularly when the forum under consideration is WTO dispute settlement proceedings. This contribution addresses the question of the extent to which the dispute settlement system of the WTO can deal with these concerns. It is through dispute settlement that the precise nature of WTO obligations is formulated. So, if WTO Members were to raise human rights issues in dispute settlement proceedings, how could (and should) dispute settlement panels and the Appellate Body deal with them? The paper considers various approaches advocated by scholars with a particular focus on the general exception clauses. It weighs and balances both the positive and negative implications of the use of general exception clauses from a human rights perspective.,

Keywords: Human Rights, international trade, World Trade Organisation, WTO, general exception clauses

Suggested Citation

Harrison, James, Raising Human Rights Arguments in WTO Dispute Settlement Proceedings (October 23, 2009). THE IMPACT OF THE WORLD TRADE ORGANISATION ON THE PROTECTION AND PROMOTION OF HUMAN RIGHTS, James Harrison, ed., Hart Publishing, September 2007; Warwick School of Law Research. Available at SSRN: https://ssrn.com/abstract=1493297

James Harrison (Contact Author)

University of Warwick - School of Law ( email )

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United Kingdom
02476 523170 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/harrison

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