Chapter 5: Human rights and investments at the WTO
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What role, if any, do human rights and investments play at the WTO? Although the law of the World Trade Organization (WTO) does not govern foreign direct investment in general, some WTO Agreements govern aspects of it. Moreover, some of the cases adjudicated at the WTO have touched upon several human rights including civil and political rights, economic, social and cultural rights as well as ‘third generation’ rights. This chapter aims to uncover the various dimensions of the complex interplay between trade, investment and human rights, focusing on some case studies. This chapter concludes that while a number of legal tools can foster the reconciliation of opposing interests under WTO law, much remains to be done to ensure better coherence between theory and practice.

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