International Trade Law Paper
International Trade and Human Rights
Widener University School of Law
2ED
by Jean Martino
Introduction
The United States Military and its intelligence agencies have found a way to affect behavior remotely by use of a signal interacting with a
person’s nervous system. They developed a way to control feelings, behavior and affect some bodily functions. A secret panel at the Pentagon says they need to test this technology before using it for military means. They decided in the interest of national security they will experiment with this remote technology on non-consenting innocent citizens in Philadelphia. They pick out 600 U.S. citizens through various federal records and use the same methods (now 100 times more sophisticated) they used in the atomic radiation, LSD and syphilis experiments during the Cold War. The subjects of these experiments complain of disease, pain and a loss of a general enjoyment of life. The U.S. denies any involvement with the subjects.
However, a former scientist feels remorseful and confesses to one of the subjects. The United States calls the scientists crazy and cites national security to not discuss the matter.
Russian and European intelligence agencies follow up on the lead from the American scientist and find more evidence that the experiments are taking place and that the United States plans to expand its program to include 600 more non-consenting U.S. citizens in San Francisco.
The United States is one of the biggest global trading countries. Japan decides to impose an automobile embargo against the United States because of these human rights abuses.[i] The United States files a complaint with the WTO and the Panel must make a decision. The WTO can not ignore these human rights violations and they try to decide what to do.
Scenarios like these have happened in the past.[ii]
With today’s ever emerging technology this very same scenario could happen in the future.[iii]
Currently, there is not an abundance of treaties, committees and global mechanisms linking International Trade and Human Rights.[iv] There are a lot of human rights treaties and a lot of international trade treaties. This paper will focus on current mechanisms available today to create a stronger link between international trade and human rights. This will include a look at the findings and holdings of the Tuna/Dolphin and Shrimp/Sea Turtle cases. Solutions and mechanisms not currently in place will also be discussed.
[i] Japanese automakers sold 436,210 cars and trucks in the United States in the month of February 2004 alone. Kae Inoue, “Japanese Carmakers Crank Up Sales in the U.S.”, International Herald Tribune, March 4, 2004 available at
http://www.iht.com/articles/508521.html
[ii] The U.S. has conducted experiments on its citizens.
Radiation experiments: “Human Radiation Experiments (Background)”, Advisory Committee on Human Radiation Experiments, The National Security Archive, The George Washington University available at
http://www.gwu.edu/~nsarchiv/radiation/dir/mstreet/backgnd/exper/radhum.txt
Experiments with LSD and other drugs:
-Subject: Project ARTICHOKE, Central Intelligence Agency Memorandum for the Record, January 31, 1975 available at
http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB54/ (see Document 2)
-United States v. Stanley, 483U.S. 669 (1987)
Experiments on prisoners: Memorandum from Advisory Committee Staff to the Members of the Advisory Committee on Human Radiation Experiments (February 8, 1995 available at
http://www.gwu.edu/~nsarchiv/radiation/dir/mstreet/commeet/meet11/brief11/tab_i/br11i3.txt
Experiments on 239 cities during the Cold War:
Kevin Ogle, Secret Exposure: U.S. Tested Chemicals Weapons on its own Citizens, KOFR (April 25, 2003) available at
http://www.kfor.com/Global/story.asp?s=1250476
[iii] Professor Kevin Warwick in the United Kingdom has discovered a way to implant a chip in his body. He can transmit to this chip to affect his nervous system. The Professor’s webpage is available at
http://www.kevinwarwick.org/
Numerous U.S. citizens say that components of the U.S. Military are again experimenting on U.S. citizens without their consent using the same research as Professor Warwick. At this time there is no direct evidence of these experiments.
http://www.mindcontrolforums.com/,
http://www.mindjustice.org/ and
http://www.raven1.net/ (websites on current government experimentation).
[iv] Sarah H. Cleveland, “Human Rights Sanctions and the World Trade Organization” in Environment, Human Rights and International Trade 211-212 (Hart 2001).
Human rights clauses are built into some treaties.
Unilateral action might not be considered to be in the spirit of the U.N. There is an absence of clear treaty-based authorization for human rights trade measures.
