Studies On The Correlation Between Trade And Human Rights In International Law

The economic globalization makes profound impact to today's world, on the one hand, itwidens the gap between the developed and developing nations, on the other, it reveals andenlarges the imbalance among the institutions of international law, while trade liberalization andhuman rights are the two norms joining the world reshaping process, among other things. Undersuch scenario, the physical as well as institutional relationship between trade and human rightsarises common concern in international society, thereby evolves a research high tide in this field. This article is composed basing on the structure and changing value of international society. Itassesses the relationship between trade and human rights from an institution-oriented perspective,leaving behind the traditional nation-oriented perspective. In the article, I seek to explore theforegoing relationship by putting the world trade regime and the international human rights systemwithin the context of international law, and characterize the relationship as conflict of institutions.Then I discover that the proper way of reconciling conflict of institutions is integration ofinternational legal institutions, upon which I propose a general framework for the integration oftrade institution and human rights institution. Moreover, from my point of view, the internationallaw will have to undergo the institution integrating process to reach its equilibrium and systematicdevelopment in the foreseeable future. This article is in 7 chapters. The introductory chapter sets the theme that the international law is approaching the age of theconflict of institution. Basing on the interactive development of international law and society, itargues that the international law already stepped into the age of unit separation, thereby developsthe idea that the contemporary international law is an institutional conflicts of law, with a proposalof the definition and the source of institution conflict. After examine the inner structure as well asthe trend of international law, this chapter finally concludes that the conflict of institutions isobserved as an inward systematic conflict of structure, while the conflict between trade and humanrights being the most representative norm. The introductory chapter creates a comprehensivescenario for the subsequent study of inter-relationship between trade and human rights.Chapter one aims at the introduction of current research achievements in the field of trade andhuman rights. It firstly conducts a historical survey on the relationship between trade and humanrights, thereby characterizes the relationship as conflicting and cohesive. Afterwards, it submits apreliminary introduction of western scholars' research achievements, basing on which it elaboratesthe scholars' contrasting views as well as the traits and flaws of the research. Finally this chapterexplores the impact of the research on international law, with particular emphasize laid on itspolitical, practical as well as theoretical significance to China. Chapter two is focused on the evolvement of the relationship between trade and human rightsas well as their compromising model. After examining their institutional difference, this chapterattempts to explore their micro-evolving process from institutional difference to institutionalconflicts. Thereafter, it dictates the traditional theoretical models put forward by western scholarsin resolving the conflicts, i.e., the "Efficiency-Primacy'' Model, the "Human Rights-Primacy"Model, the "Exception-Balance" Model as well as the "WTO-Based Constitutionalism" Model, ontop of that, it reveals the hot debate among the various theoretical schools. As a conclusion, inlight of the evolving structure of international law, this chapter formulates the institutionalintegration theory, analyzing its concept as well as basic traits; meanwhile, it attempts to create ageneral framework of the theory, under the guidance of the integration of the institut...