WTO Dispute Settlement and Human Rights

Abstract

The World Trade Organization (WTO) dispute settlement system could be seized of a dispute carrying human rights claims or arguments in support of either a complaint or a defence. How would WTO adjudicating bodies address this issue? It is suggested that WTO law must evolve and be interpreted consistently with international law, including human rights law. Thus, a good faith interpretation of the provisions of the WTO, including its exception provisions, should lead to a reading and application of WTO law consistent with human rights. The recent Doha Declaration on TRIPS and Public Health is a good example of such a possible coherent reading of WTO provisions taking into account potentially relevant human rights law. WTO adjudicating bodies cannot formally interpret other treaties and customs and thus cannot apply or enforce other treaties or customs or determine the legal consequences of rights and obligations that WTO Members may have under other treaties or by custom; these may be examined only when necessary for the interpretation of WTO law and/or as a factual determination. WTO Members do not appear to have granted WTO remedies for the enforcement of rights and obligations other than those under the ‘covered agreements’. Since states are bound simultaneously by all their international rights and obligations, WTO Members in violation of human rights law may be liable, but this responsibility cannot be enforced by WTO adjudicating bodies. Yet human rights can be respected through good interpretation and application of WTO provisions.

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