International human rights law Part 32

ARTICLES: The Status of Women in Chile: Violations of Human Rights and Recourse Under International Law
Sarah R. Hamilton
Women’s Rights Law Reporter
Volume 25, Numbers 2 & 3, Spring/Summer 2004 p.111

“ONE PERSON, ONE VOTE”: THE U.S. ELECTORAL SYSTEM AND THE FUNCTIONAL CONSTITUENCIES EMBODIED IN THE BASIC LAW FOR THE ELECTION OF THE CHIEF EXECUTIVE AND OF THE LEGISLATIVE COUNCIL – The Committee on International Human Rights and the Committee on Asian Affairs
Record of the Association of the Bar of the City of New York
Volume 59, Number 2, 2004 p.374

[Articles] THE ‘HUMAN RIGHTS APPROACH’ ADVOCATED BY THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS AND BY THE INTERNATIONAL LABOUR ORGANIZATION:: IS IT RELEVANT FOR WTO LAW AND POLICY?
Petersmann, E.-U.
Journal of International Economic Law
Volume 7, Number 3, 2004

The today universal recognition of ‘inalienable’ human rights implies that the legitimacy and legality of all government measures, including rules and decisions of intergovernmental organizations, depend also on their respect for human rights as defined in national Constitutions and international law. This contribution argues that the universal human rights obligations of every Member of the World Trade Organization (WTO) pursue objectives (like protection of personal autonomy, freedom of choice, legal security) that complement those of liberal trade and may be legally relevant context for the interpretation of WTO rules (chapters I-II). The human rights approach to international trade advocated by the UN High Commissioner for Human Rights (chapter III) could, like the 1996 WTO and 1998 ILO Declarations on core labor standards (chapter IV), promote synergies between human rights law and GATT/WTO law. The ‘basic rights approach’ to trade liberalization in European integration (chapter V), as well as the GATT-, WTO- and EC dispute settlement jurisprudence (chapter VI) confirm that, on the level of principles, human rights and liberal trade rules do not conflict with each other. The emerging ‘human right to democratic governance’ requires, however, more effective parliamentary involvement, citizen participation, and ‘deliberative democracy’ in WTO matters (chapter VII). A WTO Declaration (1) confirming the commitment of WTO Members to respect their existing human rights obligations in all policy areas; (2) supporting the progressive development of human rights through the competent UN and other human rights bodies; and (3) welcoming the UN initiatives for harnessing the complementarity of WTO rules and human rights for welfare-increasing cooperation among free citizens, could enhance the ‘input-legitimacy’ as well as the ‘output-legitimacy’of WTO negotiations without creating new WTO obligations or new WTO competencies. The limited mandate of the WTO, however, and the divergent human rights concepts and diverse constitutional traditions in WTO member countries, make a consensus among WTO Members on such a Declaration unlikely. Even though the WTO should leave the interpretation, monitoring, and progressive development of human rights to specialized human rights bodies outside the WTO, WTO dispute settlement bodies may be legally required to address arguments that human rights may be relevant legal context for interpreting WTO rules (chapter VIII).

Does the Rest of the World Matter? Sovereignty, International human rights law and the American Death Penalty
Alan W. Clarke, Laurie Anne Whitt, Eric Lambert and Oko Elechi
Queen’s Law Journal
Volume 30, Number 1, Fall 2004 p.260

International Human Rights Law Situating Children of Genocidal Rape: Towards Membership in an Ethnic Community
Loh Li Qin
Singapore Law Review
Volume 23, 2003 p.45

Hierarchy in International Law: The Human Rights Dimension (M.W. Janis)
I.D. Seiderman
Netherlands International Law Review
Volume 51, Issue 1, April 2004 p.115

Joseph, Sarah, Jenny Schultz, and Melissa Castan (eds.). The International Covenant on Civil and Political Rights : Cases, Materials, and Commentaries (2d ed.); Young, Kirsten A. The Law and Process of the U.N. Human Rights Committee
Eckart Klein
American Journal of International Law
Volume 98, Number 4, October 2004 p.876

AFTER 9/11, “NO NEUTRAL GROUND”WITH RESPECT TO HUMAN RIGHTS: EXECUTIVE CLAIMS AND ACTIONS OF SPECIAL CONCERN AND INTERNATIONAL LAW REGARDING THE DISAPPEARANCE OF DETAINEES
Jordan J. Paust
Wayne Law Review
Volume 50, Number 1, Spring 2004 p.79

United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises With Regard to Human Rights: The International Community Asserts Binding Law on the Global Rule Makers
Julie Campagna
John Marshall Law Review
Volume 37, Number 4, Summer 2004 p.1205

Sexual Orientation: Testing the Universality of International Human Rights Law
Holning Lau
University of Chicago Law Review
Volume 71, Number 4, Fall 2004 p.1689

Author: international

Mentioned in these Entries

Constitutions, Human Rights Committee, International Covenant on Civil and Political Rights, International human rights law.