JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Free trade or just trade? The world trade organisation, human rights and development (Part 2)

Volume: Volume 14 - 2010

Article type: Refereed article

Author/s: Lumina, Cephas

The author 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 first part of the article, published in Volume 12(2), sketched 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. This part explores the human rights implications of two controversial WTO agreements: the Agreement on Trade-Related Aspects of Intellectual Property and the Agreement on Agriculture.

About the author/s

Cephas Lumina

Independent expert of the United Nations Human Rights Council on the effects of foreign debt and related financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights; former Senior Lecturer.

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