In his chapter, “Economic Globalization and Social Rights: The Role of the International Labor Organization and the WTO,” author Claudio Di Turi analyzes the role of the World Trade Organization (WTO) in the human rights field in particular in the context of labor rights. As such, the author raises the concerns of the civil society in general that is suspicious and in the same time reluctant to support an international organization that would prioritize trade over human rights which would affect, for instance, workers rights. For this reason, the chapter examines the relationship between WTO rules and human rights matters. Even though there is a lack of strong legal basis for human rights issues in the WTO texts and agreements, the preamble of the organization expressly advocates the development of trade relations with a view of balancing trade and the overall well-being of humankind. As such, even if the WTO is mainly concerned with disputes arising between states, it also takes into consideration the needs of the private individuals as the multilateral trade system should create a balance between the diverging interests that include, trade liberalization on one hand and human rights protection on the other. However, both systems have a lot in commons. In fact, they are both pursuing the same goal of 'social justice' . Moreover, human rights matters are actually being enhanced as trade rules advocates for more openness, transparency, lower prices, and technology transfer. Thus, it could be said that in a way trade rules are also encouraging the well-being of citizens and workers worldwide. However, such approach is being implemented on the state level where the latter must comply with international trade rules. Futhermore, the Dispute Settlement Body (DSU) of the WTO has dealt with issues related to human rights. In fact, the DSU has dealt with cases related to the environment such as the Shrimp Turtles case where the US imposed import prohibition of certain shrimp and shrimp products. This case hugely contributed to the debate concerning the relation between trade and environment. Another Non-Trade Concern (NTC) matter that was dealt with by the DSU and concerns for instance public health is the Asbestos case that was filed because of a ban on asbestos as a result of concerns regarding public health. Thus, as the DSU is handling all sorts of NTCs cases despite the fact that the WTO deals mainly with trade matters, which means that nothing in the future would prohibit the latter from doing the same with more serious situations or cases which might concerns NTCs that are related to labor rights this time. This reality is further strengthened with the fact that nothing in the international trade agreements prohibit the panel and the Appellate Body (AB) to handle such cases.
PDFPDF