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Time for Integrating Human Rights into the Law of Worldwide Organizations
Lessons from European Integration Law for Global Integration Law

Ernst-Ulrich Petersmann ^*

• Abstract
• Introduction: Time for Reconsidering the `Washington Consensus' and Strengthening Human Rights in Global Integration Law
• 1. Legal, Economic and Political Arguments for Integrating Human Rights into the Law of Worldwide Organizations
  • A. The Law of International Organizations Must be Construed in Conformity with the Human Rights Recognized by Member States
  • B. Human Rights Promote the Effectiveness of International Organizations
  • C. Human Rights Promote Democratic Legitimacy and Self-Governance in International Organizations
• 2. Obstacles on the Way Towards a `Human Rights Culture' in Global Integration Law: Learning from European Integration
  • A. Market Integration Law Can Promote Human Rights
  • B. Market Integration Promotes Legal and Political Integration
  • C. Recognition of Citizens as Legal Subjects of Integration Law Promotes the Emergence of International Constitutional Law
  • D. Lessons for Global Integration Law?
• 3. Constitutional Primacy of the Inalienable Core of Human Rights in International Law?
  • A. Human Rights as Part of General International Law
  • B. Has the "Inalienable Core" of Universally Recognized Human Rights Become Ius Cogens?
  • C. Constitutional Primacy of Human Rights in European Law
  • D. Can "Specialized Organizations" Exclude Human Rights from their Field of Specialization?
• 4. Human Rights as Constitutional Restraints on the Law and Powers of International Organizations
  • A. Human Rights and the "Constitutional Functions" of International Guarantees of Freedom, Non-discrimination and Rule of Law
  • B. Human Rights Require International Constitutional Law
  • C. Human Rights as Incentives for "Decentralized Ordering" and a "Self-Enforcing Constitution" Across Frontiers: The Subsidiarity Principle
  • D. Human Rights, Common Market Rules, Competition and Trade Rules: How to Construe Liberty Rights and their "Indivisibility"?
  • E. Consequences of the Indivisibility of Human Rights in European Integration Law: Lessons for Global Integration Law?
• 5. Indivisibility and Justiciability of Freedom and other Human Rights in UN Law? Towards "Global Freedom?
• 6. Protection of Human Rights in Economic Integration Helps Citizens to Acquire the Resources Necessary for the Enjoyment of Human Rights
• 7. Human Rights Require International Competition Rules Protecting Consumer Welfare and Freedom of Choice of Citizens
• 8. Can a "United Nations Action Program" Succeed in Integrating Human Rights into the Law of Worldwide Organizations?
• 9. Need for Closer Cooperation between UN Human Rights Bodies, International Organizations, Parliaments and Non-Governmental Human Rights Groups
• 10. Human Rights and the Global Integration Law of the WTO
  • A. Human Rights Functions of WTO Guarantees of Freedom, Non-Discrimination and Rule of Law
  • B. The Struggle for Protecting Human Rights across Frontiers: The Example of Liberty Rights as "Negative", "Positive" and "Institutional Guarantees"
    • a) Do Human Liberty Rights Protect Individual Freedom Across Frontiers? On Freedom of Trade and "Legal Protectionism"
    • b) Interpretation of Freedoms of Trade in International Integration Law
  • C. Human Rights Criteria for Interpreting the WTO's Public Interest Clauses: the Human Right to Health and Access to Medicines
  • D. Democratic Balancing of Human Rights: Are WTO Rules Adequate?
  • E. Need for WTO Competition and Social Rules as Necessary Complements of Human Rights
  • F. Need for More Democratic Rule-Making in Worldwide Organizations
• Conclusion: Need for Multi-Level Constitutionalism Protecting Human Rights More Effectively

"Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized."

Universal Declaration of Human Rights 1948, Article 28

* Professor of international and European law at the European University Institute and its Robert Schuman Center at Florence. Former professor at the Universities of St. Gallen, Fribourg, Lausanne, Geneva and its Graduate Institute of International Studies, as well as legal adviser in the German Ministry of Economic Affairs, GATT and the WTO. Chairman of the International Trade Law Committee of the International Law Association. A first version of this paper was submitted for the "day of general discussion" hosted by the UN Committee on Economic, Social and Cultural Rights on 7 May 2001 at the office of the UN High Commissioner for Human Rights.

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© Ernst-Ulrich Petersmann 2001