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WORLD TRADE ORGANIZATION LAW OR HUMAN RIGHTS - OBLIGATIONS OR RIGHTS.

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  • Additional Information
    • Subject Terms:
    • Abstract:
      Main purpose while analyzing mutual relations between World Trade Organization (WTO) law and human rights is to emphasize the protection of human rights in the same line with commercial reforms. One of the main issues that brought up in WTO Publ ic Forum by experts regarding trade and human rights was about it to be manifested in international trade system, also in WTO dispute settlement mechanism, generally in trade policy. Difference of opinions between these two fields occurs when one state supposes that the other state does not fulfill its obligations undertaken in frames of WTO, for example, customs, taxes or dues. Negative effect of politics on realization of human rights in trade sphere happens when farmer subsidies in developed countries has a negative effect on right to food in developing countries, or intellectual property right in trade sphere negatively affects the right to health. Also, negative effects such as the effect of speculation on food products, or the effect of liberalization of services on customs, the effect of licenses on the price of the medicine, and its effect on right to health do exist. For a long time, human rights issue was not amongst the emphasized issues in WTO dispute settlement mechanism. Nowadays, during dispute settlement process, documents regarding human rights are widely used as a source while researching the interpretation and proof materials. The problem of accessibility of medicine in developing countries keeps remaining as one of the main problems in frames of WTO regarding the protection of intellectual property right. Several documents were adopted in order to solve this issue: TRIPS agreement and public health, WTO decision on implementation of paragraph 6 of the Doha Declaration on the TRIPS agreement and public health, The Protocol Amending the TRIPS Agreement. Doha Declaration declares the priority of public health on economic and commercial interests. After summarizing everything that happened as the result of all of these processes, we can come to conclusion that: • International law norms and norms related to human rights should be taken into consideration during interpretation and implementation of WTO norms; • In dispute settlement process in frames of WTO, documents regarding human rights should be widely used as a source while researching the interpretation and proof materials; In practice of different states, the effect of trade principals on human rights should be analyzed - for example, The Canada-Colombia Free Trade Agreement. [ABSTRACT FROM AUTHOR]
    • Abstract:
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