International Security Part 19

[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).

AGRICULTURAL BIOLOGICAL DIVERSITY FOR FOOD SECURITY: SHAPING INTERNATIONAL INITIATIVES TO HELP AGRICULTURE AND THE ENVIRONMENT
Clive Stannard, Niek van der Graaff, Alan Randell, Peter Lallas & Peter Kenmore
Howard Law Journal
Volume 48, Issue 1, Fall 2004 p.397

The 16th Singapore Law Review Lecture 2003 Does the United Nations Security Council Enhance or Undermine International Law?
His Excellency Ambassador Kishore Mahbubani
Singapore Law Review
Volume 23, 2003 p.32

THE RIGHT OF VISIT, SEARCH AND SEIZURE OF FOREIGN FLAGGED VESSELS ON THE High Seas PURSUAN TO Customary International Law : A DEFENSE OF THE PROLIFERATION SECURITY INITIATIVE
Ian Patrick Barry
Hofstra Law Review
Volume 33, Number 1, Fall 2004 p.299

IMMIGRATION POLICY AND INTERNATIONAL STUDENTS: A THREAT TO NATIONAL SECURITY
Victor C. Johnson
St. John’s Journal of Civil Rights and Economic Development
Volume 19, Issue 1, Fall 2004 p.25

Some Remarks on the Use of Force Against Terrorism in Contemporary International Law and the Role of the Security Council
Jaume Saura
Loyola of Los Angeles International & Comparative Law Review
Volume 26, Number 1, Fall 2003 p.7

“Private”security guards: Privatized force and State responsibility under International human rights law
Alexis P Kontos
International Community Law Review
Volume 4, Number 3, September 2004 (Non-State Actors and Int’l Law) p.199

Author: international

Mentioned in these Entries

Constitutions, Customary International Law, High Seas, International Security, International human rights law.