Chapter 4. Interaction between Rules and Principles of International Law Ð Human Rights and Trade

Abstract

This chapter introduces and assesses issues relevant to the interaction of rules and principles of international law that address the protection of human rights and the regulation of international trade. A conception of the international rule of law and related human rights and trade law rules and values are considered. Issues of hierarchy amongst rules of international law, in particular the existence of peremptory norms of international law (including potential obligations to restrict trade in cases of serious breaches of such norms), are analysed. Forms of direct and indirect interaction between international rules requiring the protection of human rights and the regulation of trade are considered. The chapter concludes with a consideration of issues of applicable law and interpretative rules and principles that are potentially relevant when assessing actual or potential conflicts of law arising from taking of human rights related trade measures.Keywords: human rights; interaction forms; International law principles; International law rules hierarchy; International trade; peremptory norms; trade law rules