Type: Working Paper
Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’
Working Paper, EUI LAW, 2006/46
PETERSMANN, Ernst-Ulrich, Justice in International Economic Law? From the ‘International Law among States’ to ‘International Integration law’ and ‘Constitutional Law’, EUI LAW, 2006/46 - https://hdl.handle.net/1814/6447
Retrieved from Cadmus, EUI Research Repository
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.
Cadmus permanent link: https://hdl.handle.net/1814/6447
Series/Number: EUI LAW; 2006/46
Keyword(s): Governance intergovernmentalism multilevel governance European law international trade international relations European Court of Justice
Files associated with this item
- LAW 2006-46.pdf
Showing items related by title, author, creator and subject.
Title:Military necessity in international cultural heritage law : lessons learned from international humanitarian law, international criminal law and international environmental law Author(s):DRAZEWSKA, BerenikaDate:2016Citation:Florence : European University Institute, 2016Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:It is now universally accepted that during armed conflicts, cultural property is entitled to a special status, which translates, inter alia, into a ban on its use for military purposes and a prohibition of acts of hostility ...
Title:International organisations and the development of international environmental law : an account of the exercise of international public authority Author(s):GUERREIRO TEIXEIRA, RitaDate:2023Citation:European journal of legal studies, 2023, Vol. 14, No. 2, pp. 85-102Type:ArticleAbstract:This article lays out a framework of authority for the analysis of non binding instruments of international organisations as exercises of international public authority. This framework considers influence on freedom of ...
Title:International Criminal Responsibility of the Individual and International Responsibility of the State Author(s):DUPUY, Pierre-MarieDate:2002Citation:Antonio CASSESE (ed), Paola GAETA (ed), John JONES (ed), The Rome Statute of the International Criminal Court: A Commentary , Oxford, Oxford University Press, 2002Type:Contribution to book