Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’

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dc.contributor.author PETERSMANN, Ernst-Ulrich
dc.date.accessioned 2007-01-12T09:10:29Z
dc.date.available 2007-01-12T09:10:29Z
dc.date.issued 2006
dc.identifier.issn 1725-6739
dc.identifier.uri http://hdl.handle.net/1814/6447
dc.description.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. en
dc.format.extent 319049 bytes
dc.format.mimetype application/pdf
dc.language.iso en en
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2006/46 en
dc.subject Governance en
dc.subject intergovernmentalism en
dc.subject multilevel governance en
dc.subject European law en
dc.subject international trade en
dc.subject international relations en
dc.subject European Court of Justice en
dc.title Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’ en
dc.type Working Paper en
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