Free trade or just trade? The World Trade Organisation, human rights and development (Part 1)

C Lumina

doi:10.4314/ldd.v12i2.52892

Abstract

Cephas Lumina critically examines the role of the World Trade Organisation (WTO). In recent years, it is noted, the organisation’s agenda of trade liberalisation, its perceived lack of accountability and insensitivity to human rights have attracted intense criticism. It has been asserted that provisions of WTO agreements concerning agricultural trade and intellectual property directly affect the ability of governments to fulfil their human rights obligations. Conversely, supporters of the WTO argue that by expanding global trade the organisation assists in raising living standards. While it is generally acknowledged that trade has an important role in improving livelihoods, studies indicate that trade liberalisation has not necessarily achieved this result for many WTO members. The author assesses these claims from a human rights perspective and explores the relationship between trade, human rights and development. The article sketches the history and functions of the WTO, discusses the linkages between trade liberalisation, human rights and development, and assesses the human rights obligations of the WTO. It notes that most WTO Member States have assumed legal obligations through ratification of universal human rights treaties and concludes that the WTO’s trade liberalisation agenda should be more responsive to human rights.

Highlights

The World Trade Organisation (WTO) came into being in 1995
Common criticisms are that the WTO is not working in the interests of the majority of its Members; global trade, as presently organised, only serves the interests of large multinational corporations; the WTO poses a threat to democracy, environmental justice, labour laws and nations’ control of their destinies; and that the global trading system does not address the concerns of developing countries but exposes them to pressures from powerful countries
In 1999, the United Nations (UN) Sub-Commission on the Promotion and Protection of Human Rights called for measures to be taken “to ensure that human rights principles and obligations are fully integrated in future negotiations in the World Trade Organisation”

Summary

INTRODUCTION

The World Trade Organisation (WTO) came into being in 1995. It lies at the centre of the global trading system and is one of the most influential international organisations. WTO has been criticised for lacking sensitivity towards human rights and for lack of transparency in its processes.3 It is asserted, among other things, that provisions of WTO agreements concerning agricultural trade and intellectual property directly affect the ability of governments to fulfil their human rights obligations to their citizens.. It is notable that developed countries (which mainly advocate free trade) have been calling for a broader international trade agenda encompassing non-trade issues such as environmental standards, labour standards and human rights.. It is notable that developed countries (which mainly advocate free trade) have been calling for a broader international trade agenda encompassing non-trade issues such as environmental standards, labour standards and human rights.5 They argue that, as currently formulated, the WTO rules do not permit a country to impose trade sanctions to induce another country to improve its human rights practice. The human rights perspective is relevant because the majority of WTO Member States have ratified one or more of the core universal human rights instruments and thereby assumed legally binding obligations to promote and protect human rights. These obligations remain binding on the Member States at all times, in the context of their membership of international organisations established primarily to deal with non-human rights issues

THE WTO

50 See Lindsey Against the Dead Hand

70 Human Rights Committee General Comment No 31

CONCLUSION