A/HRC/33/40 • That being said, the Director-General and some members have stressed that “the preparatory process for Ministerial Conferences can be improved in order to maintain transparency and inclusivity throughout the process”.d Question 7 • This question seems to be addressed to governments and not to the WTO Secretariat. International law Question 8 • The WTO regularly associates itself with the objectives and activities of the UN such as the MDGs and now the SDGs; it contributes actively to work of ECOSOC work as well as on Financing for Development. The WTO is an active participant in the UNCEB and its subsidiary bodies, and works closely with numerous UN Specialized Agencies such as UNCTAD, ILO, FAO, WIPO and WHO. The WTO also has a coherence mandate with the World Bank and the IMF. • However, the decision for the WTO to be an independent intergovernmental organization was taken unanimously by its founding members in 1995. Only WTO members are in a position to respond to questions in relation to that decision, and subsequently, its effect and resulting functioning. Dispute Resolution Question 9 • The WTO dispute settlement mechanism applies to disputes between WTO Members regarding Members’ rights and obligations under the WTO agreements. It does not provide panels or the Appellate Body with jurisdiction to decide on violations of non-WTO agreements. • So far, no WTO Member has ever made an allegation that the application of WTO rules has led to a violation of a Member’s human rights obligations. • WTO rules leave sufficient policy space for governments to be able to respect and implement at the same time both their WTO obligations and their human rights commitments. Question 10 • Corporations and individuals may pursue their claims before domestic courts. • Disputes between two States involving an alleged violation of a human rights treaty may be brought before the International Court of Justice or other specific adjudicatory bodies designated by the parties. • It has been made clear in several trade disputes adjudicated under the WTO dispute settlement mechanism that governments are entitled to prioritize national environmental policies over their trade obligations. • The GATT permits WTO Members to impose export restrictions to prevent or relieve critical shortages of foodstuffs. d GE.16-11938 https://www.wto.org/english/news_e/news16_e/hod_10feb16_e.htm. 33

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents