WTO rights and human rights in the WTO arbitration (WTO-Rechte und menschenrechte im WTO-Schiedsverfahren)
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
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This article deals with the question whether the WTO Dispute Settlement Body has the freedom or even the obligation to consider human rights as applicable law beside WTO law within a dispute settlement or whether the Dispute Settlement Body is restricted only to law covered by the WTO agreement. It is worked out that due to the fact that the WTO member states are also members of the UN and have also signed numerous human rights treaties, the Dispute Settlement Body has the right to consult also human rights in order to create con-formity within the legal system. This point of view is also supported by several articles of the WTO Dispute Settlement Understanding.
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