WTO 협정의 해석과 국제인권법

The status of international human rights in the enforcement and interpretationof the WTO agreements is somewhat ambiguous. It is argued, on the one hand,that international human rights has no place in the WTO law. It is recentlyargued, on the other hand, that international human rights can play some certainroles in it, which could be called a human rights approach to trade. They claimthat the purpose of liberalization of trade is to protect and promote humanrights and trade policy should be established taking into account the effects ofliberalization on, especially individuals and entities. lWTO law and international human rights are likely to be inconsistent witheach other, and we see the example in the amendment of TRIPs Agreementarticle 31. However, an amendment of the WTO agreements is extremely difficult. The Vienna Convention on the Law of the Treaties article 31, 3(c) can be aninterpretative basis allowing international human rights into WTO law. International human rights could be incorporated into WTO law throughinterpreting likeliness of products by consumers’ taste and habits, or process andproduction methods. or through public morals and public health clauses, GATTarticle 20. The technological regulations of the TBT Agreement could alsocontribute to the promotion of human rights. Lastly, there is no explicit basis allowing human rights considerations inWTO law, and therefore, a clear legal basis is needed to incorporate humanrights considerations in WTO law.