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Authors

Rafiqul Islam

Abstract

The true nexus between trade liberalisation and human rights has become a recurring feature of contemporary international discourse and is the subject-matter of this article. This article critically examines their interface and the ability of international law to render them mutually supportive. It finds that trade liberalisation is complimentary to human rights in some instances. But the distant goal of humanism is, more often than not, lost in the pursuit of immediate economic gains. This reality has relegated the human rights protection regime to the status of soft law, which often fails to grapple with hard economic rationales. In the event of a conflict between international standards and obligations emanating from both trade liberalisation and human rights, it is the former that receives priority over the latter. This posture is further compounded by the fact that the WTO is devoid of any direct human rights consideration. It promotes human rights only incidentally as an opportunistic fulcrum to advance a global free trade. This fragmentary adherence to human rights limited only to flourishing markets has some negative impacts that far outweigh its paltry positive impacts on human rights. The article suggests that it is time for the WTO to mainstream human rights into its trade liberalisation agenda. Trade has a significant impact on the lives of all global citizens. The WTO, being an organisation with the goal of raising living standards and promoting sustainable development, cannot afford to ignore global social benefits and public interests. The realm of trade is in no way exempt from jus cogens and erga omnes obligations emanating from core human rights, which can be relied upon to challenge the dominance of trade law.

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