Published July 25, 2020 | Version v1
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The Role of the WTO in Addressing Threats to the Human Rights System Caused by the Trade Aspects of the COVID-19 Pandemic

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This article examines the impact of trade aspects of the COVID-19 pandemic on the development of the human rights system and the role of the WTO in responding to this challenge in the sphere of health care. The author found that it is multilateral trade diplomacy that can reduce through legal instruments the negative impact on human rights and the global economy, not least because trade measures imposed by States to prevent the spread of the virus require the agreed legal framework in order not to distort international trade. The article assesses the current situation in the area of trade in goods and services, since human rights such as the right to life, adequate food, health care, and access to education directly depend on the economic capacity of states to achieve sustainable development goals. The author pays special attention to the least developed countries and developing countries, given that they are most dependent on the global market situation, on the food price volatility, on the foreign exchange earnings. From this point of view, the author emphasizes the importance of strengthening and further development of preferential treatment for the least developed countries, including those related to services and protection of intellectual property, which directly affects the protection of human rights, especially during pandemics. The article proves the key role of the WTO in responding to threats emanating from trade aspects of the COVID-19 pandemic. In particular, the author outlined three classes of challenges to overcome that will contribute to restore economic and social stability in the Member States and, consequently, to promote human rights. These include ensuring fair trade during the pandemic, developing clear trade measures to rehabilitate the global economy after COVID-19, and carrying out systemic reforms .In addition, the article examines the existing legal mechanisms for responding to pandemics in the WTO treaties, as well as current initiatives in this area. The author argues that the temporary systemic crisis due to the resignation of the Secretary General, the stagnation of the Dispute Settlement Body, the inability to convene the WTO Ministerial Conference, is not decisive for determining the role of the organisation in overcoming the pandemic's human rights implications.

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