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An Analysis Of Trade And Human Rights In The Framework Of WTO

Posted on:2017-05-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:H X YuFull Text:PDF
GTID:1106330503965197Subject:International Law
Abstract/Summary:PDF Full Text Request
Amidst the rapid development of information and network technologies, economic globalization gains traction. In a bid to competing effectively in international trade markets, various countries seek to enhance their international competitiveness by reforming their national tax regimes.In the process of rapid global economic growth, human rights loom larger than ever before. While bringing huge fortunes to the world, international trade also contributes to widening gaps in economic development among various countries: with developed ones snatching an increasing cut of global wealth via free trade, and developing ones still stuck in poverty and backwardness, and even left behind to confront a damaged ecology.To be sure, free trade brings more wealth to the developed world. However, rather than having benefited more from its development, developing countries have had their normal development negatively affected by it. As human beings, we must advocate for human rights, the pursuit of the highest value for any human beings. Human rights constitute the fundamental principle on which all institutions build, and the original power by which all institutions operate. As a result, human rights security should go before politics and economics.In international trade organizations, any settlement of trade disputes factors in human rights, rules and laws are formulated based on human rights, and trade regimes are improved around human rights. But in practice, human rights often fall victim to influence and manipulation from developed countries, who tend to take advantage of human rights in actual dispute settlements to set up human rights-based trade barriers, thus, leading to more disputes, and meanwhile, brazen interference in political regimes in developing countries. So, we should delve into fundamental causes of these issues, sort out inherent relations between human rights and free trade, make research on development of free trade and human rights, and lay out a framework, with a view to facilitating common development of free trade and human rights.Research on human rights and free trade is of great significance. First of all, such an effort helps in securing common development for all countries in the global free trade context, and meanwhile, in guaranteeing human rights in all countries. Deepening economic globalization delivers huge impacts on traditional legal systems of different counties to a varying extent, especially human right systems and trade regimes, which are more vulnerable to such influences.Second, such an effort helps bring about fundamental changes to national laws and international communities. In the process, more attention should be paid to the evolutional dynamics and trends of internal systems in international laws. Finally, such an effort can, to some degree, deliver a demonstration effect. In the terms of references of international laws, besides conflicts between trade and human rights, there are others. Therefore, to sort out and clarify relations between trade and human rights can provide a reference for dealing with common issues with relation to international laws, and create a theoretic framework for researching on conflicts of related institutions and norms.Upon its foundation, the P. R. China set on forging its independent foreign trade relations, and then, has developed them into a booming foreign trade system over decades, making remarkable achievements. In particular, the economic growth-focused initiative of reforms and opening-up ushered China’s foreign trade into a new era of rapid development, and China’s WTO accession in 2001 brought new vitality into its foreign trade. Since its WTO accession, China’s foreign trade has experienced a dramatic development. With the strong support of the WTO, China improved its foreign trade climate, and promoted its foreign trade development. On the other hand, as a WTO member, China also made serious efforts to fulfill its WTO obligations, for example, sweeping reforms to its foreign trade system have been made, and deep tariff reduction regimes instituted and fully implemented. In addition, a set of measures have been taken, for example, related foreign trade institutions have been put in place, a series of laws and regulations governing foreign trade formulated, and domestic markets opened up to foreign players, making great contribution to further integration into WTO.As global economic integration deepens, China is sure to seize the historical opportunity to develop its foreign trade and exploit foreign trade markets in an energetic manner, in a bid to provide enough fuel for its economic growth.Ruled by law, China has seen its democratic politics thriving. Its consultation system based on multi-party cooperation in national politics, together with vibrant self-management system at grass-roots, to a larger extent, ensures power for its people, providing political security to its people’s rights. Since its establishment, the P. R. China has made it its top priority to guarantee its people’s life, promote social progress, drive economic development, and vigorously develop various causes of vital interest to its people’s wellbeing, including culture, education and public health, and has made spectacular achievements in these affairs, hence, guaranteeing basic development of the Chinese people.In order to enhance living standards of its citizens and upgrade development levels of its society, China has made great efforts in perfecting its laws and regulations, especially labor and education laws, to ensure labor and education rights for its people.Human rights are citizens’ basic rights and interests, which consist of political rights and rights to life as well as cultural rights, social rights and others.Furthermore, human right security in China is characterized by its universality, fairness and truth, guaranteeing human rights for all of its citizens.This Paper consists of six Parts. The first Part, Introduction, briefs on the background, purpose, significance, main methods and innovations of the research. The second Part is dedicated to general theories and practices on relations between trade and human rights, looking into various theories, domestic laws and legal practices in this field, and expounding relations through examples in the United States, Brazil and international organizations. The third Part is the historical evolution and status quo of the relationship between trade and human rights under the WTO framework. The fourth Part makes research on interactions between trade and human rights under the WTO framework, with U.S. unilateral human right sanctions on China being taken as examples and analyzed in the research. The fifth Part focuses on option designs for harmonizing human right protection and free trade under the WTO system, with in-depth research on trade and human rights protection being made through theoretical analysis and actual cases. In the process, real-life cases: the South Africa case and the United States v. Brazil case were cited as examples. The sixth Part looks into developments concerning human rights and trade issues as well as problem-solving strategies in China. Based on the current situation of trade and human rights in China and its response methods, analysis is made of the diplomatic stance and strategies on human rights issues that should be taken by China, and in the line with practical experience in dealing with relations between trade and human rights in China, analysis is made of options to solving human rights and trade issues.
Keywords/Search Tags:WTO, Trade and Human Rights, Conflict, Solving Strategies
PDF Full Text Request
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