Shaping EU trade agreements to support human rights

Trade between Europe and developing countries should be shaped such that market shares are just and trade flows foster sustainable development. But this is not always the case. While developing countries have much to gain from trade, they can also suffer serious losses. This is especially apparent with regard to food security, which often depends largely on smallholders and informal markets in poorer countries. This policy brief sketches the link between trade and the right to food, and describes how integration of Human Rights Impact Assessments in EU trade policy can help ensure sustainable trade regimes that do not cause undue harm.

Human rights and international trade

Economic globalization and respect for human rights are both highly topical issues. In theory, more trade should increase economic welfare and protection of human rights should ensure individual dignity. Both fields of law protect certain freedoms: economic development should lead to higher human rights standards, and UN embargoes are used to secure compliance with human rights agreements. However the interaction between trade liberalisation and human rights protection is complex, and recently, tension has arisen between these two areas. Do WTO obligations covering intellectual property prevent governments from implementing their human rights obligations, including rights to food or health? Is it fair to accord the benefits of trade subject to a clean human rights record? This book first examines the theoretical framework of the interaction between the disciplines of international trade law and human rights. It builds upon the well-known debate between Professor Ernst-Ulrich Petersmann, who construes trade obligations as human rights, and Professor Philip Alston, who warns of a merger and acquisition of human rights by trade law. From this starting point, further chapters explore the differing legal matrices of the two fields and examine how cooperation between them might be improved, both in international law-making and institutions,in dispute settlement. The interaction between trade and human rights is then explored through seven case studies:freedom of expression and competition law; IP protection and health; agricultural trade and the right to food; trade restrictions on conflict WHO convention on tobacco control; and, finally, human rights conditionalities in preferential trade schemes.

Lateinamerika in der globalen Zirkulation von Expertise über den Umgang mit historischem Unrecht. Das Beispiel der Wahrheitskommissionen

Since the 1980s, the ways societies grapple with past human rights violations have become another area that is increasingly exposed to specialized knowledge production. Together with the profound changes in the dealing with the legacies of illegal or illegitimate exercise of power over the last decades, the expertise in the field not only expanded dramatically, but also became more diversified. The transitions from military dictatorships to democracies in South America in the 1980’s marked the historical beginning of this new era of coming to terms with the past, conceptualized in the following decade paradigmatically in the field of “transitional justice”. The subcontinent remained a central site in the global production and circulation of this knowledge, not least in regard to the two major innovations in societies’ arsenal of means of dealing with the past and their increasing conventionalization: the internationalization and transnationalization of the criminal prosecution of gross human rights violations and the truth commissions. Focusing on the expertise about truth commissions, the article aims to reconstruct and to analyze the role of Latin American experiences and actors in the remarkable global career of a key instrument in confronting past atrocities