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An Empirical Analysis Of The Harmonization Of The Relationship Of Trade And Human Rights

Posted on:2008-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2166360212976885Subject:International Law
Abstract/Summary:PDF Full Text Request
There are four popular theories about trade and human rights in western countries: Efficiency- Primacy model, Human Rights- Primacy model, Exception- Balance and WTO- Based Constitutionalism. Efficiency- Primacy model takes Comparative- Primacy as academic basis, and argues that the development of trade can naturally promote the protection of human rights and human rights should not be included in the trade system. On the contrary, Human Rights- Primacy model argues that the development of trade has greatly destroyed the protection of human rights and the development of human rights should be primary. Exception- Primacy admits that there exists conflicts between trade and human rights, and argues to make some exceptional articles to solve these conflicts. WTO- Based Constitutionalism is the most complete settlement, and argues to make constitutionalism analysis and carries on constitutionalism revolution in the trade system. Comparing these four theories, Efficiency- Primacy model and Human Rights- Primacy model just completely stress one side, such as trade or human rights, and ignore the other side. On the other hand, the theory of WTO- Based Constitutionalism has a bit idealization in modern international society, but we can take it as the future development trend of trade and human rights. Therefore, the third theory, Exception- Balance should be the effective settlement for the relationship of trade and human rights and also can be accepted by developed countries and developing countries both.As the first international trade organization made by developed countries and...
Keywords/Search Tags:WTO, trade, human rights, labor standard
PDF Full Text Request
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