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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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Not Just a Question of Capital

Not Just a Question of Capital

Trade’s Unexploited Power to Improve Our Environment

(p.86) 6 Ecosystem Degradation and Economic Growth
Just Trade

Berta Esperanza Hernández-Truyol

Stephen Joseph Powell

NYU Press

This chapter examines the impact of trade on health and human well-being. In particular, it considers how members of the World Trade Organization (WTO) can address human rights that take into consideration health or related aspects of human well-being with assistance from the GATT's General Exceptions or from other WTO provisions, including the Trade-related Aspects of Intellectual Property Rights (TRIPS) and Sanitary and Phytosanitary Measures (SPS) Agreements. The chapter first discusses measures to protect health within the human rights and international trade frameworks before turning to trade agreements, especially the SPS Agreement and the Cartagena Protocol on Biosafety, and how they have fared in terms of satisfying world health concerns. It then assesses the importance of the TRIPS Agreement in addressing health problems in the Americas, citing Brazil's AIDS crisis as an example. It also comments on the impact of colorism among health care providers on both the extent and the nature of health services delivered and concludes by offering suggestions for implementing the rules to benefit the human right to health.

Keywords:   health, human well-being, human rights, GATT, international trade, trade agreements, Cartagena Protocol on Biosafety, TRIPS Agreement, AIDS

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