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 Periodical article |
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| Title: | The relationship between the access of individuals to WTO law and the socio-economic rights in the South African Constitution |
| Author: | Smit, L. |
| Year: | 2007 |
| Periodical: | The Comparative and International Law Journal of Southern Africa |
| Volume: | 40 |
| Issue: | 3 |
| Pages: | 350-394 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | WTO international law social and economic rights |
| Abstract: | Individuals do not have access to World Trade Organization law in the same way that they have access to socioeconomic rights in South Africa. The US and EU both treat WTO law differently from other international law, and grant limited national application to WTO law. This article analyses the approaches of the courts in these two leading trading blocs, together with arguments in favour and against direct effect or national application. It then asks whether WTO law could be used by individuals in South African courts through the interpretation of socioeconomic rights. In terms of South Africa's Constitution, WTO law should at least theoretically have an effect on the consistent interpretation of socioeconomic rights when relevant to the challenge. In practice, there are many factors, in particular issues relating to the separation of powers and the ability of individuals to enforce their rights in courts, which might reduce the constitutional obligation to consider international law to the realm of mere paper law when it comes to WTO provisions. Lastly, the question arises as to what extent South Africa has an obligation to incorporate WTO law into its national law. Notes, ref., sum. [Journal abstract, edited] |
