WTO Dispute Settlement and Human Rights Gabrielle Marceau * Full text available: PDF format ** Discussion Forum Abstract The WTO dispute settlement system could be seized of a dispute carrying human rights claims or arguments in support of either a complaint or a defence. How would WTO adjudicating bodies address this issue? It is suggested that WTO law must evolve and be interpreted consistently with international law, including human rights law. Thus, a good faith interpretation of the provisions of the WTO, including its exception provisions, should lead to a reading and application of WTO law consistent with human rights. The recent Doha Declaration on TRIPS and Public Health is a good example of such a possible coherent reading of WTO provisions taking into account potentially relevant human rights law. WTO adjudicating bodies cannot formally interpret other treaties and customs and thus cannot apply or enforce other treaties or customs or determine the legal consequences of rights and obligations that WTO Members may have under other treaties or by custom; these may be examined only when necessary for the interpretation of WTO law and/or as a factual determination. WTO Members do not appear to have granted WTO remedies for the enforcement of rights and obligations other than those under the `covered agreements'. Since states are bound simultaneously by all their international rights and obligations, WTO Members in violation of human rights law may be liable, but this responsibility cannot be enforced by WTO adjudicating bodies. Yet human rights can be respected through good interpretation and application of WTO provisions. * Gabrielle Marceau, Counsellor for the Legal Affairs Division of the WTO Secretariat. The views expressed in this paper are strictly those of the author and do not bind the WTO Secretariat or the WTO Members. Work for this paper started for the joint meeting of the American Society of International Law and the World Trade Forum on `International Economic Law and Human Rights', Bern, Switzerland, 13-14 August 2001. In the preparation of this article, I have greatly benefited from discussions and exchanges with Hélène Ruiz-Fabri and Joel Trachtman. I also thank Tenu Avafia, Lorand Bartels, Milton Churche, Andrew Clapham, Mireille Cossy, Marisa Goldstein, Pieter Jan Kuijper, Simon Lacey, Morris Lipson, Joost Pauwelyn, Lisa Pearlman, Brigitte Stern, Mara Valenti, Sandiago Vilalpando, Simon Walker and Jochem Wiers for their comments on earlier drafts. I am responsible for all mistakes. ** The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems.
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