Economic, Social and Cultural Rights in the World Trade Organization: Legal Aspects and Practice
H. Hestermeyer, 'Economic, Social and Cultural Rights in the World Trade Organization: Legal Aspects and Practice', in: E. Riedel & G. Giacca, Economic, Social, and Cultural Rights: Contemporary Issues and Challenges, 260-286 (OUP: 2014)
40 Pages Posted: 31 Oct 2014 Last revised: 9 Nov 2015
Date Written: August 1, 2013
Abstract
The legal regimes of the World Trade Organization and of the International Covenant on Economic, Social and Cultural Rights are a commonly cited example of the fragmentation of international law: the regimes seem to drift apart and risk imposing contradictory obligations on states parties. Recent scholarly work has improved our understanding of the interaction of the norms of the different regimes. This contribution discusses the institutional aspects involved. It fist analyzes the legal obligations of the WTO under the ICESCR as well as the possibility of applying the ICESCR in WTO dispute settlement. It then examines empirically how and when the ICESCR is referred to in the different bodies of the WTO. The study shows that the impact of the Covenant has been limited, even though 84 per cent of all WTO members are parties to the ICESCR. The conclusions both give reasons for this limited impact and suggest a realistic approach at improving the situation.
Keywords: WTO, Economic, Social and Cultural Rights, ESC rights, fragmentation, Draft Articles on the Responsibility of International Organizations, human rights, human rights obligations of the WTO, WTO dispute settlement, applicable law, human rights discourse, TRIPS and access to medicines, labour rights
JEL Classification: K33, F10
Suggested Citation: Suggested Citation