On The International Protection Of Human Rights Under The Multilateral Trading System

Under the background of economic globalization, the connection between trade and human rights becomes more and more closely. Human rights protection system has a tendency of globalization with its transcendence of national boundaries and expansion into regions due to the universality of the main body and content of human rights. WTO rules, as a part of international law, have the conflicts with International Human Rights Law in the process of promoting the development of world multilateral trade system. Basically speaking, such conflicts result from the unbalanced development among different international laws & rules caused by increasing expansion of modern international law and the forming of its immethodical characteristics.In recent years, the studies on the relationship between trade liberty and human rights protection are on the rise. Based on the modern international law system, this paper looks upon WTO rules and International Human Rights Law as different divisions of international law system, understands the connection of trade and human rights on the perspective of whole international law system. The conflicts should be coordinated through the intrinsic resolving means to coordinate the conflicts of different divisions and rules in the modern international law system.Besides the introduction and conclusion, the paper is consisted of four parts:Chapter one outlines the relation of international trade and human rights protection. The paper historically covers the early and then modern connection between international trade and human rights, and analyzes, in such a stage, the dependent development and consequence of multilateral trade system and international human rights protection law. Finally it analyzes the complementary development of WTO rules and international human rights protection under the background of globalization, and distinguishes the relation between trade liberty and human rights protection.Chapter two discusses contradictions and conflicts between WTO rules and International Human Rights Law under the multilateral trade system. First of all, it summarizes the evolution and characteristics of modern international law, reveals the reasons of the fragments of modern international law. Then it analyzes the international public law features of WTO rules, points out that it is actually a branch of international law. In the following, it analyzes the differences of WTO rules and human rights law, clarifies the causes of the conflicts between them. Finally, It summarizes the specific manifestation of the conflicts between WTO rules and International Human Rights Law.Chapter three mainly discusses the methods of negotiating contradictions and conflicts between WTO rules and International Human Rights Law under multilateral trade system. First of all, the paper introduces the traditional theoretical patterns of the conflicts coordination between WTO rules and International Human Rights Law and analyzes the advantages and disadvantages of each other. Then it introduces the practice relating to coordinating the contradictions and conflicts between WTO rules and International Human Rights Law of EU and other regional economic integrations by combining the concrete cases. Lastly, it points out the conflicts between WTO rules and International Human Rights Law, in nature, is the contradictions between different branches of international laws. The paper proposes some suggestions on coordinating the contradictions and conflicts between WTO rules and International Human Rights Law in international law system according to the characteristics and natures of WTO rules and International Human Rights Law.Chapter four concentrates on the problems of international human rights protection in China under multilateral trade system. Firstly, a brief introduction to the experience of China's entry into the multilateral trade system and International Human Rights Law is gaven, pointing out that the issue of human rights belongs to the affair in the jurisdiction of a state's sovereignty. The domestic protection on human rights is still the base of human rights protection. China has to abide by the related obligations and responsibilities of WTO rules and international human rights laws. Lastly, it states the practice of China in human rights protection under the Multilateral Trade System and reasoningly analyzes the international trade link with human rights, pointing out that China should envisage the correlation between the trade rules and human rights protection under the background of economic globalization.