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On The Protection Of Human Rights Under The Dispute Settlement Mechanism Of The World Trade Organization

Posted on:2006-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y TangFull Text:PDF
GTID:2166360182488003Subject:International Law
Abstract/Summary:PDF Full Text Request
WTO provides organizational and legal base to the multilateral trading system. The dispute settlement mechanism of WTO is a central element in providing security and predictability to the multilateral trading system. WTO concerns rules of international trade, but it connects the protection of human rights closely. Many provisions of human rights have been provided in the covered agreements of WTO directly or indirectly, which leads to the application of human rights law to some degree under the dispute settlement mechanism.Researching on the protection of human rights under the dispute settlement mechanism is to master the scientific limitation of the protection of human rights under the mechanism and to find the most favorable measure to fight against human rights trade. At the same time, we must pay attention to the protection of human rights in our country and make use of the necessary conditions of the protection of human rights in WTO to safeguard our country' s human rights and other interests.The thesis carried research on three aspects by the way of analysis and comparison. First ,author made a introduction tothe characteristic and connection of WTO and human rights, which is the fundament and basis of the research. Furthermore, the thesis focused on the relationship between free trade and the protection of human rights under the dispute settlement mechanism of WTO. The second section are the core of the article, which probed the restriction and consistency of the protection on human rights under the mechanism. Although DSB can not add to or diminish the rights and obligations provided in the covered agreements, it must take into account human rights law when interpreting and applying WTO provisions and make every efforts to be consistent with it .In Part 3, author touched upon the problem that the protection of human rights under the dispute settlement mechanism must serve all the people' s common interests, especially care for the living and developing rights of the developing countries. It must not be the tool of developed countries to make profits. Finally, author pointed out the key problems existing in the protection of human rights under the dispute settlement mechanism of WTO and put forward relevant proposals.
Keywords/Search Tags:WTO, Dispute settlement mechanism, Protection of human rights, Free trade
PDF Full Text Request
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