Human Rights Provisions In The Forthcoming India-EU Free Trade Agreement

Human Rights Provisions In The Forthcoming India-EU Free Trade Agreement

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Volume 4 Issue 3 ()

Trade has played a vital role in the evolution and development of the human race. Human rights on the other hand, though considered universal and inherent, were formally recognized much later in human history. Even today much is left to be desired regarding the implementation of these rights. One way in which few nations believe it can be implemented is by including such provisions in trade agreements. This paper focuses on the importance of the emerging trend of including human rights clauses in free trade agreements (‘FTAs’). The effectiveness of such provisions is limited as has been seen in the past because countries are reluctant to enforce such provisions as they are mostly loosely worded. We give a general outline of this emerging trend and lay emphasis on the upcoming European Union (EU)- India FTA where the EU wants to include such provisions but India is opposing it. We argue that India, which is likely to benefit in several sectors from this agreement,may accept certain minimum standards for human rights, but this needs to be carefully negotiated and drafted to avoid becoming a trade weapon for the EU and a disguised form of protectionism

Cite as: Nivedita Sen & Balu G. Nair, Human Rights Provisions In The Forthcoming India-EU Free Trade Agreement, 4 NUJS L. Rev. 417 (2011)

Disclaimer: All articles of Issue 4 (3) of the NUJS Law Review will be released online once the print copy is out