How to Protect Human Rights in International Trade
Allow states to impose trade restrictions for human rights concerns., Require states to recognize contracts and property rights, including intellectual property rights., Encourage governments to support businesses in conflict-affected areas...
Step-by-Step Guide
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Step 1: Allow states to impose trade restrictions for human rights concerns.
Although international free trade agreements typically stress openness among the countries signing the agreement, they protect human rights by allowing trade restrictions to remain in place against countries violating human rights.For example, the General Agreement on Tariffs and Trade (GATT) allows states to ban imports produced using prison labor.
GATT also allows states to set trade restrictions where necessary for moral reasons, or to protect human life or health.
The World Trade Organization (WTO) has come under criticism that its system interferes with the ability of member-states to punish human rights abuses through trade sanctions.
WTO rules do allow for trade restrictions in response to violations of human rights, but only within agreed limits.
Other agreements such as GATT, however, provide exceptions to WTO rules under which greater sanctions can be made. -
Step 2: Require states to recognize contracts and property rights
Providing legal recognition of basic property rights not only makes a developing country more attractive in terms of trade and investment, but may improve human rights.Enforcement of contractual and property rights leads to economic growth, but recognition of these fundamental rights is important to continued social development.
Basic recognition of property rights in many cases is a necessary prerequisite to any significant foreign investment, particularly in the tech industry.
Empirical evidence suggests that better economic rights, including secure property rights, leads to an increase in social development and stronger human rights protections.
At the same time, broad recognition of intellectual property rights, and in particular of pharmaceutical patents, can negatively impact the right to health and medical care in developing countries. , Human rights are most likely to be abused when an area is facing internal conflict, particularly when that conflict is centered around competition for territory or resources.In countries or regions experiencing conflict, businesses may seek guidance from governments on how to avoid contributing to or exacerbating human rights problems.
Global companies operating in a conflict-torn location may require assistance from their home countries to continue protecting human rights and avoid being involved in human rights abuses in that context.
Close cooperation between countries, international organizations, and nonprofit development organizations can help protect human rights in conflict-affected areas while continuing open international trade and economic engagement with the area. , Countries can protect human rights in international trade by requiring other states to sign existing human rights agreements before they are eligible to join free trade regimes.Basic treaty law requires countries who sign international treaties to amend their own national laws where necessary to conform with the requirements of the treaty.
Under this method, individual states have the responsibility for ensuring that national laws and regulations are developed to protect human rights, and that companies within their borders that violate these laws are prosecuted.
Free trade agreements also may include side agreements through which state governments agree to produce annual reports on the impact of the trade agreement on human rights and adjustments that can be made to lessen negative impacts.
The U.N.
General Assembly has passed resolutions calling for human rights obligations to be a central consideration in international trade agreements. , Trade regimes and other international organizations impose economic penalties and trade sanctions on governments that fail to regulate and control the actions of private parties within their borders that violate human rights.This idea comes primarily from the growing understanding among international organizations that human rights must have priority over economic interests.
As parties to an international trade agreement, governments have the obligation to ensure that companies within their borders are complying with any international human rights agreements the country also has joined.
Without penalties and sanctions, membership in an international trade organization or regime could be seen to ratify a government's systemic violations of human rights.
Providing sanctions within a regime allows a country with a poor human rights record to remain within the international community, rather than being violated.
Evidence shows human rights tend to deteriorate even further when violating countries are cut off from economic interaction with other countries.
However, keep in mind that in many cases incorporating human rights protections within the framework of international trade organizations such as the WTO would require those organizations to amend their existing rules. -
Step 3: including intellectual property rights.
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Step 4: Encourage governments to support businesses in conflict-affected areas.
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Step 5: Include recognition of human rights as a condition for entering international trade agreements.
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Step 6: Provide for penalties and sanctions within trade organizations.
Detailed Guide
Although international free trade agreements typically stress openness among the countries signing the agreement, they protect human rights by allowing trade restrictions to remain in place against countries violating human rights.For example, the General Agreement on Tariffs and Trade (GATT) allows states to ban imports produced using prison labor.
GATT also allows states to set trade restrictions where necessary for moral reasons, or to protect human life or health.
The World Trade Organization (WTO) has come under criticism that its system interferes with the ability of member-states to punish human rights abuses through trade sanctions.
WTO rules do allow for trade restrictions in response to violations of human rights, but only within agreed limits.
Other agreements such as GATT, however, provide exceptions to WTO rules under which greater sanctions can be made.
Providing legal recognition of basic property rights not only makes a developing country more attractive in terms of trade and investment, but may improve human rights.Enforcement of contractual and property rights leads to economic growth, but recognition of these fundamental rights is important to continued social development.
Basic recognition of property rights in many cases is a necessary prerequisite to any significant foreign investment, particularly in the tech industry.
Empirical evidence suggests that better economic rights, including secure property rights, leads to an increase in social development and stronger human rights protections.
At the same time, broad recognition of intellectual property rights, and in particular of pharmaceutical patents, can negatively impact the right to health and medical care in developing countries. , Human rights are most likely to be abused when an area is facing internal conflict, particularly when that conflict is centered around competition for territory or resources.In countries or regions experiencing conflict, businesses may seek guidance from governments on how to avoid contributing to or exacerbating human rights problems.
Global companies operating in a conflict-torn location may require assistance from their home countries to continue protecting human rights and avoid being involved in human rights abuses in that context.
Close cooperation between countries, international organizations, and nonprofit development organizations can help protect human rights in conflict-affected areas while continuing open international trade and economic engagement with the area. , Countries can protect human rights in international trade by requiring other states to sign existing human rights agreements before they are eligible to join free trade regimes.Basic treaty law requires countries who sign international treaties to amend their own national laws where necessary to conform with the requirements of the treaty.
Under this method, individual states have the responsibility for ensuring that national laws and regulations are developed to protect human rights, and that companies within their borders that violate these laws are prosecuted.
Free trade agreements also may include side agreements through which state governments agree to produce annual reports on the impact of the trade agreement on human rights and adjustments that can be made to lessen negative impacts.
The U.N.
General Assembly has passed resolutions calling for human rights obligations to be a central consideration in international trade agreements. , Trade regimes and other international organizations impose economic penalties and trade sanctions on governments that fail to regulate and control the actions of private parties within their borders that violate human rights.This idea comes primarily from the growing understanding among international organizations that human rights must have priority over economic interests.
As parties to an international trade agreement, governments have the obligation to ensure that companies within their borders are complying with any international human rights agreements the country also has joined.
Without penalties and sanctions, membership in an international trade organization or regime could be seen to ratify a government's systemic violations of human rights.
Providing sanctions within a regime allows a country with a poor human rights record to remain within the international community, rather than being violated.
Evidence shows human rights tend to deteriorate even further when violating countries are cut off from economic interaction with other countries.
However, keep in mind that in many cases incorporating human rights protections within the framework of international trade organizations such as the WTO would require those organizations to amend their existing rules.
About the Author
Sharon Carter
Brings years of experience writing about home improvement and related subjects.
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