Trade and Human Rights: What's at Issue?

Abstract

The paper reviews some of the common features shared by the trade and human rights regimes. It highlights many instances of complementarity between trade and human rights, and points out that the scope for conflict is small or non-existent. Some distinction is, however, drawn between the types of legal obligations and rights contained in both human rights covenants and WTO Agreements, and a closer look is taken at how right-holders and duty-providers are defined. Attention is drawn to how the multilateral trading system can be said to support the fulfilment of human rights. Particular attention is also given to the safeguards and exceptions contained in WTO Agreements, especially Article XX and XXI. Here, for the purpose of analysis, some distinction is drawn between the types of rights enshrined in the ICCPR and the ICESCR. Building on this, two current issues in the discussion on trade and human rights are reviewed: firstly, the protection of intellectual property rights in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and; secondly, the development dimension of WTO agreements and its relationship to the “right to development”. Finally, following from the discussion on the spectrum of issues which are increasingly being thrown under the ambit of trade and human rights, the paper suggests that some distinction should be made between issues of international legal norms and those which are generally more about the role of the market mechanism.

Keywords: trade, human rights