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The ’Human Rights Approach’ Advocated by the UN High Commissioner for Human Rights and by the International Labour Organization

Author(s)	Petersmann, Ernst-Ulrich
Abstract	Todays 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 emerging ‘human right to democratic governance’ requires, however, more effective parliamentary involvement, citizen participation, and ‘deliberative democracy’ in WTO matters (chapter VII).
IssueNo	3
Pages	605-627
Article	Access to Article
Source	Journal of International Economic Law
VolumeNo	7
PubDate	September2004
ISBN_ISSN	1369-3034

The ’Human Rights Approach’ Advocated by the UN High Commissioner for Human Rights and by the International Labour Organization