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Human Rights Related Trade Measures under the Marrakesh Agreement Establishing the World Trade Organization

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Chapter Summary

This chapter examines how trade measures imposed to secure respect for human rights might be justified under existing provisions of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement"). The focus of safeguard action (and subsidies and dumping action) is first and foremost on local industry and not labour or other human rights conditions in an exporting nation. The chapter has demonstrated that outwardly directed human rights related trade measures may be justified under various provisions of the WTO Agreement. The consistency of such measures depends on the selected human rights standards, the mode of operation of the trade measures and the terms of the relevant provisions of the WTO Agreement. The distinctly non-trade focus of Article XX of General Agreement on Tariffs and Trade (GATT) 1994 (and equivalent provisions) appears reasonably well adapted to address human rights related trade measures.

Keywords: dumping action; human rights; Marrakesh Agreement; safeguard action; subsidies; trade measures; World trade organization (WTO) agreement



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