WTO 체제하의 통상과 인권의 연계

Connecting international trade and human rights under the WTO system is a very complicated and important challenge because both fields have a direct effect on our daily life. WTO law and human rights law share common foundation in that they have common history, common fundamental boundaries, common positive measures and common impact on international law. On the other hand, they are different from each other in that they have different rule-making process, different subjects of rights and duties, different scope of application and different implementation and compliance system. In order to accept human rights approach under the WTO system, it is necessary to reach consensus among member states. In addition, it is desirable that WTO dispute settlement body should adopt the interpretation of UN human rights bodies when it applies human rights law. Under international law, the conflicts between trade and human rights occur in relation to GATT exception clause, definition of like products, unitary and regional measures and economic sanctions. In particular, economic sanctions could be justified under international law since there is neither customary international law nor the UN Charter provision preventing economic sanctions. Moreover, human rights protection is basic principle of the UN Charter. Methods for reconciliation between trade and human rights are proposed as the followings: the interpretation of WTO law under the Vienna Convention on the Law of Treaties, multilevel consistency and UN reports. However, the questions as to which human rights are universally accepted human rights and whether they can be recognized under the WTO system and who could decide on these problems are to be answered and some scholars even take negative perspective on linking trade and human rights. On the other hand, WTO law serves constitutional function by protecting freedom beyond frontier and respecting principle of non-discrimination and rule of law. This role of WTO law could contribute to solving and balancing the conflicts between trade and human rights. In conclusion, WTO law should be interpreted in light of existing human rights law among parties concerned and, most of all, we should clarify the concrete concept of human rights obligations under the WTO law and the interaction of connection with trade and human rights.