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International Trade Regulation, Human Rights and Development

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Chapter Summary

This chapter examines the legality of human rights related trade measures imposed upon or used by developing States. It examines in more detail how General Agreement on Tariffs and Trade (GATT) 1947 and the World Trade Organization (WTO) Agreement have attempted to accommodate the concerns of developing States. It will consider the experience of developing States within the multilateral trading system, particularly in the context of developing State attitudes to linkage between trade and human rights. The chapter assesses the legality of trade related human rights measures directed at developing States. It also assess the legality of human rights related measures taken by developing States that address patent and other forms of intellectual property protection. Existing WTO provisions are consistent with an entitlement to take human rights related trade measures. Article XX of GATT 1994 appears to provide the most secure foundation for such linkage.

Keywords: (GATT); developing states; human rights legality; Intellectual property protection; multilateral trading system; World Trade Organization (WTO)



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