Wednesday 3 November 2010

Human Right with International Trade

Human right with international trade
Trade can involve in international trade such as Intellectual Property Rights under human rights. The purpose is for protecting a amount of human rights , for example, the human right to health, the human rights of native peoples and the human right to food. Above all is under WTO panel by restrictive interpretation[1].Because of social and economic development ,the human right have also to be development[2] .The legality of human rights, which is the chapter in GATT1947 and the WTO Agreement , involved in trade measures imposed upon or used by developing States[3] .
The General Comment recognizes that trade restrictions such as on individual access to necessary food, drug and health services can be incoherent with the human right to heath, and that collaboration ought to be required also in the WTO for the accomplishment of right to health[4].
Trade remedies under usual international law that nothing in customary international law forbids states from using trade measures to encourage human rights fulfillment by a foreign state. Although international law customarily has defended the right of states to be free from interference by other states in conduct of their sovereign domestic affairs,this principle of non-intervention doesn’t clearly apply to the use of non-forcible,economic measures do violate the non-intervention norm. In addition ,they may comprise an acceptable use of non-forcible countermeasures to react against violations of international human rights[5].
               


[1]A.E. Cassimatis , Human Rights Related Trade Measures under International Law : The Legality of trade Measures imposed in Response to Violations of Human Rights Obligations under General International Law ,( Leiden ,2007 ) 143
[2] A.E. Cassimatis , (n1)403-404
[3] A.E. Cassimatis , (n1)405
[4]F.M. Abbott,C Breining-Kaufmann, and T Cottier , International Trade and Human Rights :Foundations and Conceptual Issues ,( the University of Michigan , 2006) 55
[5] F Francioni , Environment , Human Rights & International Trade ,(Oregon,2001) 208

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