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Between Political Goodwill and WTO-Law

其他書名	Human Rights Conditionality in the Community's New Scheme of Generalised Tariff Preferences (GSP).
出版	SSRN, 2013
URL	http://books.google.com.hk/books?id=6L3dzwEACAAJ&hl=&source=gbs_api

註釋While political attempts to insert a human rights clause into the WTO law framework have not been successful so far, such clauses have been included into free trade agreements and unilateral trade instruments, such as the system of generalised preferences. The present paper analyses the human rights clause of the EU's Scheme of Generalised Tariff Preferences (GSP) of 2008. The paper essentially asks whether this system of human rights conditionality is more than just a window dressing on the part of the EU. It argues that despite various changes made to the GSP regulation since 2001, a number of problems remain with the credibility of this arrangement. These relate in particular to the application of the GSP human rights clause. The discriminatory application of the GSP human rights clause is not only problematic from a political point of view but also leads to the incompatibility of the EU GSP regulation with the EU's WTO law obligations.