Study On Trade And Human Rights Under The WTO Framework

Trade and human rights are two different definitions. If trade can be identified as a tool with which to achieve the goal of human rights, the relation between trade and human rights will be established. But it doesn't seem so simple, especially when trade and human rights have had their own regulation systems, and the relation between trade and human rights should be more complicated. So discussion on the relation between trade and human rights becomes a valuable issue in this situation.In part one of this paper, the relation between trade and human rights is differentiated and analyzed. Firstly, some existing casual contacts between trade and human rights are introduced. Then the differences between trade and human rights are pointed out. Some different academic viewpoints are introduced and evaluated. Developed countries and developing countries have many disputes on the relation between trade and human rights, and this problem is also covered by this paper. At last, the necessity, the probability and the significances of mediating the relation between trade and human right are proved. The substance of this part is to solve the problem the existence of the relation between trade and human rights.In part two of this paper, the relation between WTO and human rights is discussed. Firstly, some rules under the WTO framework, being relevant with human rights, are observed and studied. Some conflicts between human rights and the existing problems of WTO are uncovered and analyzed. Human rights may benefit from some new progresses of WTO, and this will also be discussed. WTO must consider some responsibilities or duty derived from human rights, and this issue is clarified at last. The substance of this part is to upgrade the discussion to normal level.In part three of this paper, the strategies of linkage of trade and human rights are discussed. Here are the four strategies, modifying relevant rules of WTO, using the DSU of WTO, following the example of Doha Declaration and learning the experiences of the European Union. And with the discussion of the strategies in this part, the relation between trade and human rights is presented more fully in a microcosmic layer.In part four of this paper, the trade sanction derived from human rights is considered. Firstly, the legality, the validity and the rationality of the trade sanction are researched. And distinguishing the differences between the trade sanction and the trade retaliation is followed. The possibility of using the trade sanction is estimated at last. The discussion of this part will eliminate the resistance when human rights enter into WTO, and some strategic suggestions are prepared in the discussion.Trade and human rights can not only isolate from each other, and they also can not be separated. The non-separability between trade and human rights will illuminate us a lot, especially in the background of globalization.