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The WTO as a Node of Global Governance: Economic Regulation and Human Rights Discourses.

By Salomone Picciotto

Abstract

The paper explores the relationship between trade liberalisation and regulation as developed through the World Trade Organisation (WTO) and human rights principles and discourses. It suggests that human rights could be used to enhance the legitimacy of the WTO, although most of the organisation's supporters prefer it to remain self-contained, so that its obligations override general rules of international law including human rights. Contrary to the views of some critics of the WTO, its principles could be compatible with human rights discourses, either by (i)the re-assimilation of human rights discourses into a neo-liberal perspective of individual (and corporate) freedoms, or (ii) tempering the negative effects of liberalisation by encouraging measures for socio-economic provision, or perhaps (iii) challenging the assumptions of liberalisation to provide the basic for alternative perspectives. However, it concludes that such debates would be unhelpful, in exacerbating the gap between rhetorical conflicts and cogent, concrete policy alternatives

Year: 2006
OAI identifier: oai:eprints.lancs.ac.uk:152
Provided by: Lancaster E-Prints

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Citations

  1. (2005). Agriculture: for a regulation of world trade, available from http://www.coordinationsud.org/IMG/pdf/Agriculture_-_For_a_regulation_of_world_trade.pdf accessed 20
  2. (2004). Analytical study of the High Commissioner for Human Rights on the fundamental principle of non-discrimination in the context of globalisation, E/CN.4/2004/40,
  3. (2004). Analytical study of the High Commissioner for Human Rights on the fundamental principle of participation and its application in the context of globalisation, E/CN.4/2005/41,
  4. (2001). Commissioner for Human Rights(2001), The impact of the Agreement on TradeRelated Aspects of Intellectual Property Rights on human rights,
  5. Constitutionalism and WTO law: from a state-centered approach towards a human rights approach in international economic law', doi
  6. (2001). Debunking Conglomo-talk: A Case Study of the Amicus Curiae as an Instrument for Advocacy, Investigation and Mobilisation ', ‘Health, Law and Human Rights: Exploring the Connections,
  7. (1995). Economic Effects of Strengthening Pharmaceutical Patent Protection in Italy',
  8. (1999). Enough is Enough', (Economiquity, Jaipur: CUTS Centre for International Trade), 2-4; available from http://www.cuts-international.org/linkagestwinsal.htm, last accessed 20 th
  9. (1996). Fair Trade and Harmonisation. doi
  10. (2000). Global Business Regulation (Cambridge: doi
  11. (2002). Global Intellectual Property Rights. doi
  12. (2002). Globalisation and its impact on the full enjoyment of human rights,
  13. (1998). How to Constitutionalise International Law and Foreign Policy for the Benefit of Civil Society',
  14. (2003). Human rights, trade and investment, doi
  15. (1999). International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of `Selective Purchasing' Laws Under the WTO Government Procurement Agreement', doi
  16. (1982). International Regimes, Transactions and Change: Embedded Liberalism in the Postwar Economic Order', doi
  17. (2001). Labour Laws and Global Trade doi
  18. (2002). Liberalisation of trade in services and human rights, doi
  19. (1993). National Constitutions and International Economic Law', doi
  20. (1997). Networks in International Economic Integration: Fragmented States and the Dilemmas of Neo-Liberalism',
  21. (2002). Resisting the Merger and Acquisition of Human Rights by Trade Law: A Reply to Petersmann', doi
  22. (2004). The 'human rights approach' advocated by the UN High Commissioner for Human Rights and by the International Labour Organisation: Is it relevant for WTO law and policy?' doi
  23. (2000). The Backlash against Globalisation?' speech given at Liberal International,
  24. (2004). The right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur, Paul Hunt.
  25. (2001). The Role of Public International Law in the WTO: How Far Can We Go?' doi
  26. (2001). The rule of lawyers and the ethos of diplomats - Reflections on the internal and external legitimacy of WTO dispute settlement',
  27. The social dimensions of the liberalisation of world trade,
  28. (1995). The World Trade Organisation and Social Issues', doi
  29. (2000). The WTO Constitution and Human Rights', doi
  30. (2005). The WTO's Appellate Body: Formalism as a Legitimation of Global Governance', doi
  31. (2003). Time for a United Nations 'Global Compact' for Integrating Human Rights into the Law of Worldwide Organisations: Lessons from European Integration.’ doi
  32. (1997). Toward a Theory of Effective Supranational Adjudication', doi
  33. (2002). Trade and Human Rights: A Relationship to Discover', doi
  34. UN Commission on Human Rights(2000), Intellectual Property Rights and Human Rights, Geneva: Sub-Commission on the Promotion and Protection of Human Rights. doi
  35. (2002). WTO Dispute Settlement and Human Rights', doi

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