Unfair Trade? Preferential Trade Agreements, Human Rights and Inequalities

This article examines the implications for social inclusion, equality and the fulfillment of human rights of the recent proliferation of preferential trade agreements (PTAs). It considers the impact that PTAs have had on small and medium-sized enterprises, smallholder farmers and women. It also considers the limits on domestic policy space mandated by PTAs, and the implications this has for the ability of governments’ to regulate in the public interest.

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Notes

The ILO estimates that globally and across all sectors of the economy, MSMEs account for the largest share of employment, including two-thirds of all formal jobs in developing countries: (ILO, GIZ, 2013).

Comprehensive Economic Partnership Agreement between Japan and the Republic of India (16 February 2011) Annex I.

Free trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (2011), Chapter 10.

United Nations, General Assembly, Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, A/67/304 (13 August 2012).

Free trade agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (2011), Article 7.38.

United Nations, General Assembly, Report of the Commission of Experts of the President of the United Nations General Assembly on Reforms of the International Monetary and Financial System (2009): para.38.

United Nations, General Assembly, Report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, A/67/304 (13 August 2012).

CMS Gas Transmission Company v. Argentine Republic, ICSID Case No. ARB/01/8, Decision of the Ad Hoc Committee on the Application for Annulment of the Argentine Republic, 25 September 2007.

Occidental Petroleum Corporation et al. v. The Republic of Ecuador, ICSID Case No. ARB/06/11, Award, October 5, 2012.

Suez, Sociedad General de Aguas de Barcelona SA and Vivendi Universal SA v Argentine Republic, ICSID Case No. ARB/03/19, July 30, 2010.

United Nations, General Assembly, Guiding principles on human rights impact assessments of trade and investment agreements: report of the Special Rapporteur on the right to food, A/HRC/19/59/Add.5 (19 December 201).

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1. Tessa Khan