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

Abstract

It is important to emphasise that states bear the primary responsibility for ensuring the protection and promotion of the rights to health and adequate food. Although the TRIPS and AoA place limitations on how WTO Members regulate trade, national governments retain a range of options that they can pursue to ensure the realisation of the rights to health and food in an era of trade liberalization. However, the flexibilities proffered by these agreements need to be utilised to the fullest extent possible if they are to be effective from a human rights perspective. Further, WTO rules must not reduce or undermine the ability of Member States to meet their human rights obligations to persons within their territories and subject to their jurisdiction. As the primary bearers of obligations under international human rights law, States must also carry out human rights impact assessments before undertaking new commitments under bilateral and multilateral trade agreements.