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Human Rights Related Trade Measures Not Subject to Full World Trade Organization Discipline Ð Measures Implemented by the European Union and the United States of America

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Chapter Summary

This chapter focuses on the way in which trade with the target States is conditioned by the protection of human rights in the target State. Indeed, measures such as section 301 of the United States Trade Act 1974 link trade and human rights without requiring that the target State be a developing State. The chapter begins with a brief consideration of the international legality of trade measures that are not subject to the disciplines of the world trade organization (WTO) Agreement or other treaties incorporating similar rules. Trade measures that are focused on particular human rights violations and minimise incidental harm will not necessarily violate human rights obligations under general international law even though the measures may have negative consequences for some in the target State. The United States and the European Union employ various mechanisms linking trade and human rights.

Keywords: European union; human rights; International law; trade measures; United States of America; world trade organization (WTO)



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