The 'Human Rights Approach' Advocated by the Un High Commissioner for Human Rights and by the International Labour Organization:: Is It Relevant for Wto Law and Policy?

Petersmann, Ernst‐Ulrich

doi:10.1093/jiel/7.3.605

Cited by 23 publications

(9 citation statements)

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“…Besides health, the WTO rules interact with other human rights, such as the right for adequate food, labour rights, protection of personal autonomy and freedom of choice, legal security and others. Even though the WTO is legally not responsible for regulating the human rights issues, these issues continuously become “relevant context for legal and judicial interpretations of WTO rules” (Petersmann, 2004, p. 626). Directly or indirectly, the WTO becomes a venue for deciding how the environmental, health and human rights issues may restrict the GATT (WTO) trade rules.…”

Section: Paradox Of Weaknessmentioning

confidence: 99%

Bargaining Power in Multilateral Negotiations on Intellectual Property Rules: Paradox of Weakness

Karayanidi¹

2011

World Intellectual Property

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This article critically analyses the effects of differing bargaining powers between developed and developing countries during international negotiations on intellectual property (IP) rights. While developed countries with stronger bargaining power have the capacity to shape the international IP law in accordance with their interests, developing states are not powerless. Developing countries can gain some concessions by forming coalitions. Additionally, they can achieve their goals by means of a ''paradox of weakness'', a concept derived from international conflict resolution. The article elaborates how the paradox is applied in the context of adoption and implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) 1994.

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Section: Paradox Of Weaknessmentioning

confidence: 99%

Bargaining Power in Multilateral Negotiations on Intellectual Property Rules: Paradox of Weakness

Karayanidi¹

2011

World Intellectual Property

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“…There is, furthermore, increasing recognition that the WTO, instead of expanding its own remit, should allow conditional suspension of trade law to avoid systemic tensions with other international regimes. Since states must be assumed to have negotiated their WTO obligations with a view to honouring other treaties (see Petersmann, ; UN‐OHCHR, ), and given the inherent flexibilities of the WTO obligations, some leeway can be presumed with respect to protection of labour rights (Alston, : 472). Significantly, WTO members have pledged ‘commitment to the observance of internationally recognized core labour standards’ and have made it irrevocably clear that the ‘ILO is the appropriate instance for setting and dealing with core labour standards’ (WTO, : 2).…”

Section: Four Propositionsmentioning

confidence: 99%

Bringing Workers’ Rights Back In? Propositions towards a Labour–Trade Linkage for the Global South

Pahle¹

2014

Development and Change

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The idea of forging a linkage between global trade and labour standards has a long history and has been the subject of fierce debate. In a global political economy that incites 'competition for jobs', the idea cannot escape controversy. Crucially, it has failed to win significant support from trade unionists in the global South. Drawing on viewpoints voiced by workers' rights activists in South Africa and Brazil, this article presents four propositions on the features and functions that a labour-trade linkage would have to possess if it is to serve workers' interests, and explores whether and how these may be accommodated by the ILO and WTO regimes. It is argued that a linkage requiring a new single WTO undertaking is out of the question; a linkage would only make sense if it superimposes ILO rule onto the WTO, not the opposite; a linkage should be premised on positive trade measures; and, finally, it should serve the interests of presently unprotected and unorganized workers. Overall, the main challenge of such a linkage would be to achieve the necessary reform within the ILO. I am grateful for the thorough reading and comments of two anonymous Development and Change reviewers (the usual caveats apply), and I would like to express my gratitude towards all the interviewees cited. Development and Change 46(1): 121-147.

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“…membership in the Organisation to respect, to promote and to realise, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those conventions'. 78 On the basis of the Declaration, Petersmann argues that 'UN membership entails legal obligations to respect core human rights', 79 and that the rules and principles that ILO conventions and 'other modern human rights instruments' 80 have set out illustrate that certain human rights have reached the status of erga omnes obligations of States and international organisations. 81 However, Petersmann fails to address the cardinal principle of international law that the consent of a State must have been obtained before a treaty obligation may be imposed, and membership in an international organisation does not by itself constitute consent to be bound by any treaties or declarations as might be adopted under the framework of the organisation.…”

Section: B Domestic Human Rights Protection In Chinamentioning

confidence: 99%

Human Rights and Democracy with Chinese Characteristics?

Chan

2013

Human Rights Law Review

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Criticism has long been laid about China's unwillingness to subscribe to international human rights norms, the rule of law and liberal democratic practices. The United Nations and Western States and scholars have argued that human rights and liberal democracy underlain by a Western rule-of-law model are prerequisites to human development and governmental legitimacy. Is authoritarianism in China incompatible with human rights and democracy? Is the rule of law rejected entirely by the state apparatuses in China? Is there really no human rights protection under China's Constitution and laws? Has China's approach to international human rights law evolved since its realisation of the roles it may play in shaping international law? What do the Chinese people think or want about China's political reform vis-a'-vis human rights and democratic practices? With China's rise in the current international order, these questions raise important issues this article addresses.

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The 'Human Rights Approach' Advocated by the Un High Commissioner for Human Rights and by the International Labour Organization:: Is It Relevant for Wto Law and Policy?

Cited by 23 publications

References 0 publications

Bargaining Power in Multilateral Negotiations on Intellectual Property Rules: Paradox of Weakness

Bargaining Power in Multilateral Negotiations on Intellectual Property Rules: Paradox of Weakness

Bringing Workers’ Rights Back In? Propositions towards a Labour–Trade Linkage for the Global South

Human Rights and Democracy with Chinese Characteristics?

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