Human Rights Related Trade Measures under International Law potx

[...]... Policy Choices Article XX(a) – The Chapeau and Human Rights Related Trade Measures The Specific Requirements of the Chapeau Unjustifiable Discrimination Arbitrary Discrimination Disguised Restrictions on International Trade Article XX(b) GATT 1994 Human Rights Related Trade Measures – Measures to Protect Human Life or Health? Article XX(b) and Outwardly Directed Measures Article XX(b) – Other Requirements... Against Measures Justified under Article XX Article XX of GATT 1994 and Human Rights – Conclusion Waivers and Labelling Initiatives – Linking Human Rights and Trade Waivers Labelling Initiatives Conclusion International Trade Regulation, Human Rights and Development Introduction Developing States, GATT 1947 and the WTO Agreement Developing States and Human Rights Conditionality under the GSP GSP and the Human. .. 403 405 412 416 Table of Contents 5 6 (a) (b) (c) 7 Chapter 8 Developing States, the WTO and Human Rights Related Trade Measures Trade Related Intellectual Property Rights, Agriculture and Human Rights Developing States and the Human Right to Health The TRIPS Agreement and Traditional Knowledge Agriculture and a Human Right to Food Conclusion 418 421 421 429 429 430 Conclusions 433 Bibliography 439 Index... whether as alternatives or in combination with trade measures Dr Cassimatis has written an important and timely study He addresses the broad issue of the legality of the adoption of human rights related trade measures by single State, or by a group of States, in order to coerce another State to live up to its international obligations to protect the human rights of its people In his (essentially three)... of the sanctioning State? The imposition of trade sanctions related to human rights concerns must also be considered in the light of human rights conventions and the applicable monitoring and enforcement mechanisms, of which there are many At the political level, the UN Human Rights Council has powers to investigate and condemn serious and systematic human rights abuses, but its effectiveness in securing... Kingdom, European Court of Human Rights, Series A, Number 18, 1 European Human Rights Reports 524 70, 120, 186, 337 Habeas Corpus in Emergency Situations (Articles 27(2) and 7(6) of the American Convention on Human Rights) , Advisory Opinion OC-8/87, 30 January 1987, Inter-American Court of Human Rights, Series A, Number 8 (1987) 207 Handyside v United Kingdom, European Court of Human Rights, 1976 Series A,... situation where the proposed measures are unaffected by the sanctioning State’s obligations under the WTO agreement, other trade treaties, or general international law; second, where they are so affected but where there is significant discretionary room for such measures; and finally, from the discernment of criteria against which to measure the merits of the proposed trade measures The last of these three... that resort, and, of course, the actual conduct of operations in the light of international humanitarian law It is similar in the case of the imposition of trade sanctions, whether they are expressly mandated under the provisions of the applicable treaty or lie within the discretion of States allowed under general international law Might the imposition of sanctions cause more harm than good? Is their imposition... Convention on Human Rights) , – Advisory Opinion OC-3/83 of 8 September 1983, Inter-American Court of Human Rights, Series A, Judgments and Opinions, No 3 65 Rights of Nationals of the United States in Morocco Case, ICJ Rep 1952, 176 343 Soering v United Kingdom, 11 European Human Rights Reports 439 (1989) 66 Soobramoney v Minister of Health, KwaZulu-Natal, 12 Butterworths Constitutional Law Reports 1696... Directed Measures Facts of Shrimp Turtle Case Jurisdiction, Extra-Territoriality and Outwardly Directed Measures Article XX(a) and Outwardly Directed Measures – A Nexus Requirement? Article XX(a) and Outwardly Directed Measures – Unlawful Intervention in Internal Affairs? Article XX(a) and Outwardly Directed Measures – Conclusion Article XX(a) – Necessity Requirement Article XX(a), Outwardly Directed Measures . 255 2. The Legality of Human Rights Related Trade Measures Generally under International Law 259 3. Human Rights Related Trade Measures Not Subject to. BOSTON 2007 Human Rights Related Trade Measures under International Law The Legality of Trade Measures Imposed in Response to Violations of Human Rights Obligations