Journal of Comparative Law

Journal of Comparative Law

The Law of the World Trade Organization and Human Rights

Document Type : Scientific Paper

Authors
Ernst -Ulrich Petersman 1
Mahmood Jalali 2
1 Professor of Law at the University and Institute of International Studies in Geneva-Article author
2 Member of the Faculty of Law, University of Isfahan-Article translator
Abstract
Human rights and liberal trade rules(including WTO rules) are based on the same values: individual freedom and responsibility(e.g. to adjust to competition); non-discrimination; rule of law; access to courts and adjudication of disputes; promotion of social welfare through peaceful cooperation among free citizens; parliamentary approval of national and international rules. The non-economic values of the WTO law are no less important for the human rights and welfare of citizens than the economic welfare effects of liberal trade. Like the EC, the WTO can and should become an advocate not only of economic freedom, but of human freedom more generally. This article argues in favour of constitutional reforms of WTO law so as to take civil society and human rights more seriously.
Keywords
WTO
human rights
constitutional rights
globalization of Trade and Law
International law
منابع
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     viewed on 20 Feb., 2004.
5- Lock J., Second Treatise of Government(1690).
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    Government Procurement Agreement, Journal of Iinternational Economic Law,
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8- North American Free Trade Agreement(NAFTA).
9- United States v. Topco, 405 US 595, 610(1972).
10- United Nations and Human Rights 1945-1995(UN 1995), Vienna Declaration of
      the UN World Conference on Human Rights, (1993).
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Journal of Comparative Law
Volume 0, Issue 5 - Serial Number 40
Winter 2004
Pages 159-172