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
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