HUMAN RIGHTS & WTO

(Synopsis for Term project in the subject of International Trade Law)

Submitted by: Submitted to:

Rishabh Mr. Bipin Kumar

UG – VI Semester, 1466 Faculty of Law

B.A. LL.B. (Hons.)

National Law University, Jodhpur

(January- May 2019)
 INTRODUCTION
The world trade organisation (WTO) is often accused of, not paying enough attention to human
rights or, at worst, facilitating and perpetuating human rights abuses. In the past few years, the
linkage between “Human Rights” and “Trade Measures” has become a much discussed topic on
international platform. There are so many examples of WTO principles and obligations which
interfering with human rights issues. For e.g. The Right to Health was infringed by The Hormone
Beef case, and Thai Cigarettes case. Even The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) which prevent poor people from access to affordable
drug/medicine, namely generic drugs, which produced, imported or sold without respecting
existing intellectual property rights as protected under the TRIPS agreement. Further, the human
rights policies of WTO’s member nations are also hampered by the WTO principles and
obligations.

The most controversial question which often arises is, whether trade related measures are
attainable to improve the human rights situation in the targeted country? For e.g. from an
ethical point of view, trade measures, e.g. the prohibition of the import of goods produced with
child labour, seem to be justified. Whereas from an economic standpoint, the effect of such trade
sanctions often harms the people in the target country more than it actually helps improve the
human rights situation.

STATEMENT OF PROBLEM
This project aims to understand the kinds of trade related human rights measures which exist.
Secondly, the legal framework of the WTO and under what situations trade- related human rights
measures are permitted under the current legal framework of WTO. Further, whether trade-
related human rights measures are a feasible instrument for improving the human rights situation.
And lastly, the trade and human rights discussions in the UN framework, which propose a
‘human rights approach’ to international trade and investment and some measures suggested by
those institutions as a feasible way to improve the ‘human rights records’ of the WTO, and the
limitations of the WTO in addressing this issue.
 RESEARCH OBJECTIVES
1. To get a deeper understanding of the WTO's trade related policies and measures.
2. To understand the importance human rights under international trading system.
3. To analyse various possible steps taken by WTO for protecting International Human
Rights.
4. To look the WTO’s relations and co-operation with the other human rights institutions.

RESEARCH QUESTIONS
1. Whether WTO is bound to take the human rights measures for trading system?
2. Whether trade-related measures are feasible instrument to improve the human rights
situation in the targeted country and in the members?
3. Which kind of trade related human rights measures exist in the international law and the
WTO?
4. What is the legal framework of the WTO and under what conditions trade-related human
rights measures are permitted under the current legal framework?
5. Whether WTO is accountable to the UN which proposes the human rights approach to
international trade and investment?

HYPOTHESIS
The key elements of this project are problems present in WTO framework in respect of human
rights. The project will try to focus on human rights and WTO framework in the international
trading system. And how the international human rights affect the international trade and WTO.
 TENTATIVE CHAPTERISATION
1. Introduction
2. WTO and international human rights law regimes
3. Relationship between the WTO and international human rights law
4. Trade related human rights measures
5. The WTO legal framework for trade-related human rights measures
6. Human rights restriction on trade
7. Ways to improve the trade and human rights relationship
8. conclusion
9. Bibliography

RESEARCH METHODOLOGY
The research methodology followed for the purpose of completion of this project is Doctrinal in
nature. Primarily, secondary sources of information in terms of cases, commentaries and
treatises, books and articles will be looked at in order to gain a holistic view of the topic.

LITERATURE SURVEY
1. ERNST-ULRICH PETERSMANN, REFORMING THE WORLD TRADING SYSTEM (OXFORD 1ST
EDN., 2005)

This book explains the challenges to the Political Legitimacy of the WTO system. It discusses
legal relevance of human rights for WTO law and policies and should the WTO pledge respect
for the human rights obligations of WTO members? And further it discuss about the ‘Human
Rights Approach’ advocated by UN high Commissioner for Human Rights and by the ILO.

2. AUTAR KRISHNA KOUL, GUIDE TO THE WTO & GATT (SATYAM LAW INTERNATIONAL,
5TH EDN.)
This book explains the trade related human rights. It provide the information about WTO legal
framework for Trade-Related human rights measures and international human rights and its
linkage with WTO.
 3. LESTER, MERCURIO, DAVIES, WORLD TRADE LAW, TEXT, MATERIALS AND COMMENTRY

(HART, 2ND EDN.)

This book talks about the Overview of Non-discrimination policy of WTO. It includes the basic
understanding of discrimination, de facto versus de jure discrimination under the international
human rights perspective and WTO. Further it discusses the role of intent and effect of
discrimination.

4. SARAH JOSEPH, BLAME IT ON THE WTO? A HUMAN RIGHT CRITIQUE (OXFORD UNIVERSITY
PRESS, 1ST EDN.)
This book introduce the WTO and international human rights law regimes and the relationship
between the WTO and international human rights law. Further, it talks about the human rights
restrictions on trade which includes human rights trade measures and it also discusses that do
human rights trade measures prima facie breach GATT/GATS.

5. JOHN H. JACKSON, THE WORLD TRADING SYSTEM: LAW AND POLICY OF INTERNATIONAL
ECONOMIC RELATIONS (CAMBRIDGE 1997)
This book explains the rules of WTO which aim at the creation of a stable and predictable
trading system. It also talks about the theory of comparative advantage. Further it discusses about
the rules of the WTO which aim at the reduction of barriers to trade.