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Just TradeA New Covenant Linking Trade and Human Rights$
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Berta Esperanza Hernández-Truyol and Stephen Joseph Powell

Print publication date: 2009

Print ISBN-13: 9780814736937

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814736937.001.0001

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Splendid Isolation’s Progeny

Splendid Isolation’s Progeny

Basic Concepts and Legal Regimes of Human Rights Law in the Americas

(p.49) 3 Global Laws, Local Lives
Just Trade

Berta Esperanza Hernández-Truyol

Stephen Joseph Powell

NYU Press

This chapter explores the relationship between human rights and international trade. It first considers the philosophical differences in the approach of human rights and international trade, along with their structural placement in public international law. In particular, it looks at the World Trade Organization (WTO) in relation to the United Nations and compares the statist WTO structure with the individualistic nature of the human rights regime. The chapter proceeds with a discussion of the hierarchy of human rights and international trade under international legal principles, with particular emphasis on the application of international law's hierarchy to WTO cases and whether Article XX of the GATT requires a trade nexus. Finally, it emphasizes the role of national governments in creating societies committed to the rule of law and human rights by interceding in the market to shape the effects of the economic growth created by trade.

Keywords:   human rights, international trade, international law, World Trade Organization, United Nations, GATT

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