Human health and the WTO

Abstract

WTO law distinguishes legal restraints governing non-discriminatory health regulations from those governing discriminatory trade restrictions used by WTO members for protecting human health. The reciprocal rights, obligations and judicial restraints under WTO law protect sovereign rights (e.g. to safeguard health), non-discriminatory treatment, transparency and proportionality of trade-related health measures, and transnational rule-of-law in ways reconciling WTO law with multilevel governance of non-economic public goods. WTO law does not refer to the health rights of citizens. Yet, interpreting WTO rules in conformity with the human rights obligations of WTO members can enhance legitimacy and efficiency of health regulations.