Abstract

BURGOS, Germán. WTO and Human Rights:: Any Relation?. colomb.int. [online]. 2012, n.76, pp.327-359. ISSN 0121-5612.

This article argues that the WTO, following its internal norms, has been able to incorporate human rights commitments recognized by both national and international law. Until now, through the special exceptions mechanism this organization has allowed limitations on the international free trade of diamonds mined in war zones, as well as the domestic or compulsory production of medicines in breach of ADPIC rules in situations of national health urgency. On the other hand, the general exceptions mechanism established in certain articles of the GATT and GATS permits breaching free trade rules to protect human rights. Although so far there are some emblematic cases about the way the SSD has interpreted this regulation, this has been limited. Thus, I argue that the relationship between international commercial law administered by the WTO and international human rights questions the thesis of the fragmentation of public international law.

Keywords : WTO; Human rights; Free trade and human rights; Kimberly Process; fragmentation of international law.

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