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Begin New Search Topic Human Rights Author Ernst-Ulrich Petersmann

1. Human Rights, International Economic Law and Constitutional Justice: A Rejoinder

Author:
Ernst-Ulrich Petersmann
Publication Date:
11-2008
Content Type:
Journal Article
Abstract:
All academics learn from discussion and criticism of their published views. Hence, I congratulated the EJIL editors, Alston in 2002 and Weiler in 2008, when they invited a response to my articles in EJIL. Following the insulting EJIL comments by Alston in 2002, this is the second time in my 37 years of academic teaching that a 'commentator' has imputed to me intoxicating views which I never expressed. Six years after the confabulations by Alston and Howse, Howse remains committed to misrepresenting rather than discussing my legal arguments. Clarifying, in fewer than 2,500 words, the reasons for this 'Alice in Wonderland non-discussion ' would have been more enlightening if my Australian and Canadian commentators had respected correct academic citation before publicly putting forth their aggressive legal phantasms. Here I want to suggest ways in which such an exchange may be more constructive.
Topic:
Human Rights
Political Geography:
Canada and Australia

2. Justice in International Economic Law? From the 'International Law among States' to 'International Integration law' and 'Constitutional Law'

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes “in conformity with the principles of justice and international law.” This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The “sovereign equality of states” underlying the “international law of coexistence” as well as the “international law of intergovernmental cooperation” must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern “international integration law” and the increasing number of “international constitutional rules” promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and “legal pluralism” but also of constitutionally limited decision-making processes and struggles for human rights.
Topic:
Economics, Human Rights, International Law, Treaties and Agreements, and United Nations
Political Geography:
Vienna