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Public Policy in International Economic LawThe ICESCR in Trade, Finance, and Investment$
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Diane Desierto

Print publication date: 2015

Print ISBN-13: 9780198716938

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198716938.001.0001

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The ICESCR in State Public Policy-making within the World Trade System

The ICESCR in State Public Policy-making within the World Trade System

(p.180) 3 The ICESCR in State Public Policy-making within the World Trade System
Public Policy in International Economic Law

Diane A. Desierto

Oxford University Press

This chapter analyses the interaction of various political institutions and treaty gateways in the world trade system to maintain States’ regulatory freedoms to protect public policy objectives. It demonstrates that ICESCR compliance can be accommodated within the interpretation of various trade law provisions that inherently grant States flexibility to calibrate measures to vindicate public policy objectives, from general exceptions under GATT Article XX and GATS Article XIV, balance-of-payments measures, SPS measures, technical regulations under the TBT Agreement, the TRIPS Agreement, and provisions on special and differential treatment (S&D). The chapter also shows how States can implement the ICESCR in their decision-making capacity at the political organs of the World Trade Organization (WTO), from shaping the content of the Trade Policy Review Mechanism (TPRM), to wielding the Ministerial Conference’s agenda-setting, negotiation, amendment, and waiver powers, in order to calibrate WTO commitments with the State’s public policy objectives exemplified under the ICESCR.

Keywords:   ICESCR compliance, GATT Article XX, GATS Article XIV, balance of payments, SPS measures, TBT Agreement, TRIPS Agreement, special differential treatment, WTO, TPRM

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