ABSTRACT

This chapter considers the impact which the globalization of markets may have on the effectiveness of international human rights law. It offers some suggestions as to how World Trade Organization (WTO) doctrine could be amended or interpreted so as to resolve trade-human rights disputes in a manner more in keeping with the human rights principle. Globalization represents the sum total of political, social, economic, legal and symbolic processes rendering the division of the globe into national boundaries increasingly less important for the purpose of individual meaning and social decision. The globalization of markets in transactional terms has been facilitated by, and has in turn facilitated, a significant change in the nature of the international regulation of economic activity. The dominant normative account of trade law is an economic one, which Jeffrey Dunoff has termed the "Efficiency Model". The principle of national treatment is a basic tradeoff mechanism employed by most trade agreements, including the WTO.