INTERNATIONAL ECONOMIC LAW: IS THERE ANY TENSION BETWEEN THE TRADE REGIME AND HUMAN RIGHTS?

Abstract

It is well-known that being efficiency-oriented and utilitarian, the International Economic Law focuses on the market itself, while the human rights should protect the individual within the global economy. During the first part of the XXth century, human rights experts and their trade policy counterparts ignored each other. There was no interest about how international trade policy could affect protection of fundamental rights. In the 90’s the international community started to be more aware of the impact which the international economic agreements may have on public interest concerns such as worker’s health and safety or environmental protection as a fundamental right. At that time it has been argued that the world trade regime and human rights are starting to be in a fundamental tension with each other.environment, enterprise, fundamental rights, GATT, human rights, workers’ rights, WTO