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Human Rights and International Trade$
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Thomas Cottier, Joost Pauwelyn, and Elisabeth Bürgi

Print publication date: 2005

Print ISBN-13: 9780199285822

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199285822.001.0001

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Human Rights in WTO Dispute Settlement

Human Rights in WTO Dispute Settlement

Human Rights in WTO Dispute Settlement
Human Rights and International Trade

Joost Pauwelyn

Oxford University Press

This chapter moves the trade and human rights debate from law-making to law-enforcement. More specifically, it focuses on dispute settlement in the WTO and examines the extent to which the WTO, in the settlement of trade disputes, can, or should, take account of human rights. It examines the present scope for reference to human rights within the existing WTO dispute settlement structure. The first section offers a survey of the different avenues or ways in which the WTO could potentially integrate human rights. The second section elaborates on how human rights can be referred to in the specific setting of the current WTO dispute mechanism. The third section assesses the peculiar role played by international standards under the WTO's agreement on technical barriers to trade.

Keywords:   dispute settlement, institutional cooperation, law-making, WTO, human rights, trade barriers

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