Whereas traditional institutions used to be seen as an international complement to a dominantly national paradigm, today's international institutions are an expression of political denationalization. The new international institutions are much more intrusive into national societies than the traditional ones. They increasingly contain supranational and transnational features and thus undermine the consensus principle of international cooperation. When society and political actors begin to comprehend this change, they begin to reflect on the features of a legitimate and effective political order beyond national borders. As a result, denationalization becomes reflexive and thus politicized. At the same time, the politicization of international politics harbours the potential for resistance to political denationalization, which increases the need – both from a normative and descriptive perspective – for the legitimation of such international institutions.

Global Governance and Legitimacy Problems

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

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Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law

International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

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An Introduction to International Institutional Law


 The government of Burundi ratified this Organization of African Unity Charter on human rights on August 30, 1989; the government of Cameroon ratified it on September 18, 1989; and the government of Ghana ratified it on March 1, 1989. Relevant provisions of the Charter are reproduced in the Appendix to Annual Review of Population Law, Vol. 13, 1986 under section 410.


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The African Charter on Human and Peoples' Rights

During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law

Human rights and liberal trade rules (including WTO rules) are based on the same values: individual freedom and responsibility (e.g. to adjust to competition); non-discrimination; rule of law; access to courts and adjudication to disputes; promotion of social welfare through peaceful cooperation among free citizens; parliamentary approval of national and international rules. The non-economic values of WTO law are no less important for the human rights and welfare of citizens than the economic welfare effects of liberal trade. Like the EC, the WTO can and should become an advocate not only of economic freedom, but of human freedom more generally. This article argues in favour of constitutional reforms of WTO law so as to take civil society and human rights more seriously. Copyright 2000 by Oxford University Press.

The WTO constitution and human rights

Human rights and international economic law in the 21st century. The need to clarify their interrelationships

How to promote the international rule of law? Contributions by the World Trade Organization appellate review system

All contributions to this second issue of the Journal of International Economic Law are devoted to the worldwide dispute settlement system of the World Trade Organization (WTO). The purpose of this introductory editorial is to place this special theme in the broader context of international law and to draw attention to some of the many inter-relationships between general international law, international economic law and WTO law. Copyright 1998 by Oxford University Press.

E-U Petersmann

Papers

The WTO constitution and human rights

Human rights and international economic law in the 21st century. The need to clarify their interrelationships

How to promote the international rule of law? Contributions by the World Trade Organization appellate review system

Editorial. From the Hobbesian international law of coexistence to modern integration law: the WTO dispute settlement system