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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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Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberley Process

Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberley Process

Chapter:
Stopping Trade in Conflict Diamonds: Exploring the Trade and Human Rights Interface with the WTO Waiver for the Kimberley Process
Source:
Human Rights and International Trade
Author(s):

Krista Nadakavukaren Schefer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285822.003.0022

This chapter addresses the use of the WTO waiver as an instrument for reconciling human rights protection with the international law of the world trade system. The specific context of the waiver for the Kimberley Process Scheme is used. After a short introduction to the diamond trading system, the first section continues with informational background on several of the wars in Africa in which diamond trading by rebel militias has been prevalent and detrimental to the civilian population. The second section describes the Kimberley Process Scheme for the Certification of Rough Diamonds. The third section addresses the trade and human rights problem and the Kimberley Process's ‘solution’ of securing a waiver of Participants' WTO obligations.

Keywords:   WTO waiver, world trade system, human rights protection, Kimberley Process Scheme, trade obligations, diamond trading

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