n Comparative and International Law Journal of Southern Africa - The relationship between the access of individuals to WTO law and the socio-economic rights in the South African Constitution

Volume 40, Issue 3
  • ISSN : 0010-4051



Individuals do not have access to WTO law in the same way that they have access to socio-economic 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, and 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 socio-economic rights.

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