Human Rights and International Trade:the Issues of Conflict Diamond

• Main Authors: LEE PAO-YI, 李保儀
• Other Authors: Ho Ming Yu
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/97378838576525772532

碩士 === 輔仁大學 === 財經法律學系 === 96 === International trade has become a very important part in our daily life. Trade rules, which aimed at liberalizing or regulating international trade in so many areas, are almost bound to impact on a number of non-trade issues, including human rights. Ever since the adoption of General Agreement on Tariffs and Trade in 1947 and the Universal Declaration of Human Rights in 1948, each of them evolved in their own and distinctive ways, with their own logic and institutions. Although human rights and international trade are two important fields nowadays, the connection between them has rarely been noticed until recently years. Since both trade regulation and human rights have strongly contributed to the development of international law, the debates on both are complicated. It addresses a multitude of different problems. For many decades, the legal relationship between human rights and international trade may be described as a matter of co-existence. Interactions have existed since their inception, but remained marginal or largely ineffective. There are vast range of human rights issues that could be discussed with regard to international trade law system. Conflict diamond is only one of them, which can clearly expound the relationship between both trade and human rights. In the case of trade restriction seems clear that such measures should not be able to successfully challenge through World Trade Organization, but the waiver granted to the Kimberley Process Certification Scheme does show the capacity of WTO to be institutionally sensitive to efforts to protect and promote human rights. This thesis tries to connect human rights and international trade and to proof both of them are the necessary to maintain human dignity.