The tension between trade and human rights is rooted in the fact that both sets of legal standards are based on different principles. Trade law is grounded in the principle of non-discrimination, which generally seeks to ensure that countries treat all trading partners equally. Human rights, on the other hand, are based on the idea of universalism, which argues that individual rights must be respected, regardless of the context. This tension between trade and human rights can lead to complex legal challenges when these two sets of laws are applied simultaneously. For example, a country may implement a policy that violates international trade law, but is seen as necessary to protect a particular group’s human rights. For example, personal data protection laws are becoming increasingly important to protect individuals’ privacy and free speech in an online environment.
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Image courtesy of interviewee. June 8, 2023