Trading in Good Faith? Importing StatesEconomic Human Rights Obligations into the WTO Doha Round Negotiations

This article focuses on the effects international trade agreements have on human rights in developing countries. The author argues that human rights law makes concrete demands of states when they are engaged in economic law-making, such as negotiating trade policies (creating "economic human rights"). The article asserts that by restricting certain economic activities in developing countries, trade agreements often hurt the most economically vulnerable portions of society, such as women. The article begins with a survey of human rights and states' obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR). The author presents the "right to work" as an example of an economic right that is part of human rights law. The article then explores whether human rights commitments may constrain states' ability to enter into new international trade agreements. The article concludes with five recommendations. First, the author argues that states engaged in international economic law-making should ensure that they are informed of the human rights impacts of proposed new laws before making commitments. Second, the article claims that there is a need for more detailed demographic analysis of the adverse impacts of trade reforms. Third, all of the paper's recommendations should apply equally to multilateral, regional and bilateral trade negotiations. Fourth, the author argues that the WTO Member countries must address the barrier created by the present clumsy classification of countries under WTO law as developed, developing or least-developed. Finally, the article recommends that there be greater engagement by human rights experts in trade agreement negotiations.