Protecting Human Rights in the Context of Free Trade? The Case of the SADC Group Economic Partnership Agreement

• Date: 01 November 2014
• Author: Clair Gammage
• Published date: 01 November 2014
• DOI: http://doi.org/10.1111/eulj.12105

Protecting Human Rights in the Context

of Free Trade? The Case of the SADC

Group Economic Partnership Agreement

Clair Gammage*

Abstract: As free trade agreements proliferate, the relationship between trade and

human rights continues to attract attention across academic disciplines. The linkages

between human rights and liberal trade rules have been the subject of debate for some

time. Since most countries tend to afford constitutional protection to both human rights

and freedom of trade, there appears to be an inescapable connection between the two

regimes. In theory, at least, economic growth should improve human rights standards

and conditionality can be one way through which human rights compliance is achieved.

However, in practice, States often pursue economic objectives that conflict with their

human rights obligations. This article explores the linkages and potential conflicts

between human rights and trade in the context of regional trade agreements, with a focus

on the interim Economic Partnership Agreement between the European Union and the

Southern African Development Community Group.

I Introduction

The linkages between human rights and liberal trade rules have been the subject of

debate for some time.1It is often assumed that, in theory, at least, economic growth

and increased foreign direct investment will have a positive impact on human rights

standards. Globalisation has brought about many changes to the global trading

environment, with firms and businesses across the world connecting with one another

on a daily basis. As new governance frameworks emerge in relation to trade regula-

tion, it is important not to overlook the connection between trade and human rights.

* Lecturer, School of Law, University of Bristol.

1For an in-depth account of the links between the two regimes, see T. Cottier, J. Pauwelyn and E. Burgi

(eds), Human Rights and International Trade Law (Oxford University Press, 2005); and more recently,

A. Lang, World Trade Law After Neoliberalism: Reimagining the Global Economic Order (Oxford

University Press, 2011).

For purposes of concision, SADC-EPA is used through the article instead of SADC Group EPA.

SADC is made up of 15 countries (Angola, Botswana, the Democratic Republic of Congo, Lesotho,

Malawi, Madagascar, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanza-

nia, Zambia and Zimbabwe). Of these countries, only Angola, Botswana, Lesotho, Mozambique,

Namibia, South Africa and Swaziland reached an interim agreement with the EU under the ‘SADC’

banner. This agreement is not yet ratified. Other SADC states are negotiating in other constellations

especially in the Eastern (and Southern) African EPAs. Even within the SADC-EPA group, each of the

states have elected to adhere to the interim agreement at varied speed as a function of specific national

economic interests.

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European Law Journal, Vol. 20, No. 6, November 2014, pp. 779–792.

© 2014 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK

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