JOURNAL ARTICLE
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The Divide Between Human Rights, International Trade, Investment and Development Law
German Yearbook of International Law, Vol. 61 (2018), Iss. 1 : pp. 251–293
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Annalisa Ciampi, LL.M. (Harvard); Full Professor of International Law, University of Verona; Visiting Professor of European Human Rights Law, Monash University; Former Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.
Abstract
This article comprehensively reconstructs the historical developments that have led to the particular evolution of human rights law as distinct from international trade and investment law as well as international development law. It submits that one of the causes of the current crisis of the international human rights regime lies in its relative isolation from these other domains of global governance. It thus argues for the desirability to overcome such a separation and examines prospects of feasibility. China’s new international human rights diplomacy is critically assessed amongst current efforts to bridge normative and institutional divides that could pave the way for human rights-coherent economic and development policies.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Annalisa Ciampi: The Divide Between Human Rights, International Trade, Investment and Development Law | 1 | ||
| Abstract | 1 | ||
| I. Introduction | 1 | ||
| II. The Aftermaths of WWII and the Cold War | 3 | ||
| A. The Failure of the Unitary Design of the UDHR and the Split into ‘Generations’ of Rights | 3 | ||
| B. The Failure of the Havana Charter and the ‘Isolation’ of International Trade Law | 6 | ||
| III. The Decolonisation Period and the End of the Cold War | 8 | ||
| A. The Failure of the NIEO and the ‘Divorce’ Between the Furtherance of Development and International Cooperation in Economic Matters | 8 | ||
| B. The ‘Influence’ of International Human Rights Law | 1 | ||
| IV. The Last Decade of the XX Century | 1 | ||
| A. The Divide Between the Theory and Practice of International Human Rights | 1 | ||
| B. The ‘Divorce’ Between Trade and Investment | 1 | ||
| V. The New Century | 2 | ||
| A. Human Rights Law, Institutions, and Practice | 2 | ||
| B. FTAs and SDGs as Attempts at Reuniting Trade, Investment, and Development | 2 | ||
| VI. Efforts at Bridging Existing Divides from Within the Human Rights Regime | 3 | ||
| A. The Doctrine of the Universality and Indivisibility of Human Rights | 3 | ||
| B. China’s New International Human Rights Diplomacy | 3 | ||
| VII. Conclusions | 4 | ||
| A. The ‘Effectiveness’ of International Human Rights Law | 4 | ||
| B. The Need to Overcome the Divides | 4 |