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On The Conflict And Co-ordination Between Trade And Human Rights Under The Framework Of The WTO

Posted on:2011-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:C M ZhangFull Text:PDF
GTID:2166360305965303Subject:International Law
Abstract/Summary:PDF Full Text Request
The theory of human rights is an eternal subject, from the concept of human rights was first raised to the upsurge of human rights calls in the 18th century, human rights have been anti-conservative society and political dictatorship as an important weapon. After the catastrophe of two world wars of the 20th century, people have a more profound and more comprehensive understanding on the value of human rights. "Universal Declaration of Human Rights," which defined the human rights as "the goal all peoples and all nations work together to achieve." However, under the impetus of economic globalization, the unprecedented expansion of world trade system so that the World Trade Organization (WTO) rules (as part of international law) in promoting the multilateral trading system development process, although certain provisions of its purpose and already reflects the concern for human rights, but also trade under the WTO system, or in some areas, there is a conflict with human rights and conflict. The conflict is extremely hazardous to the trade system and human rights system for the trading system to play their respective functions, the value of goals, so the current study to reconcile both with self-evident meaning. While international law scholars in China have been some studies on this issue, but still lack systematic study; in foreign countries, although the issue scholars conducted extensive research, but within the framework of the WTO to resolve trade issues and human rights and conflict not propose forming the widely accepted view.This paper includes four parts. The first chapter is of the relationship between trade and human rights, first of all about trade and human rights in contemporary history and the link, and then from the value orientation, theoretical foundation, the legal sources, the role of impact and implementation of five introduced difference between the two thing, the last introduced the new changes between the Trade and Human Rights under WTO. Chapterâ…¡first discusses the six major aspects of the conflict between the Trade and Human rights, includes the right to development, labor rights, environmental rights, health and food......under the WTO, and then analyzed the effects of the conflict between the two. Chapter three starting with the conditions of conflict about trade and human rights from seven aspects under the WTO, and then analyzed causes of the conflict from three aspects between the two. Chapter four resolved trade and human rights under the system of conflict in several ways from the theoretical and practical aspects under the WTO, and finally concluded that the current first follow the "Doha Declaration" and the approach of the European Union, finally re-sign " agreement of trade-related human rights " to solve the conflict between the two completely.
Keywords/Search Tags:human rights, trade and human rights, WTO and human rights protection, conflict, coordination
PDF Full Text Request
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