The question of the conflict and commensurability between human rights and trade has received an abundance of scholarly attention (and mass protests) in the past two decades. Many human rights advocates believe that liberalisation of trade regulations causes and contributes to human rights abuses and violations, whilst trade advocates believe that enhanced international trade provides benefits and opportunities and a generally higher standard of living especially in developing countries. With China’s accession to the World Trade Organisation in December 2001, the significance and immediacy of the relationship between human rights and trade has become ever more pronounced, as the human rights situation in China continues to be unfavourable. This article examines the notion and development of human rights in China, whether the WTO is legally capable of impacting the development and enforcement of human rights in China through its compulsory dispute resolution and enforcement mechanisms and its provision for trade sanctions and whether it is indeed desirable for the WTO to do so.
European Business Law Review