The monism of trade and human rights based on fundamental rights: On E.U. Petersmann’s Theoretical Structure of the Relationship of Trade and Human Rights

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Title:	Yi jiben quanli wei hexin de maoyi yu renquan yiyuanlun, ping Petersmann dui maoyi yu renquan guanxi de lilun jiangou (The monism of trade and human rights based on fundamental rights: On E.U. Petersmann’s Theoretical Structure of the Relationship of Trade and Human Rights)
Source:	Xiandai faxue (Modern Law Science), Vol. 31, No. 12, pp. 127-137
Parties:
Dispute Resolution Organ:
Year:	2009
Pages:	0
Author(s):	Xifeng Chen
Keywords:	human rights, trade rights, international trade, monism
Abstract:	Different from imploring the dualism of the normative relationship of international trade law and international human rights law, the WTO constitutionalism, for instance, Petersmann’s theory, based on the fundamental rights with extensive connotation, develops a monistic relationship including trade and other human rights. This monism anchors on constitutional notions with substantial constitutionalist meanings, indicating that the most striking feature of a constitution lies in its affirmation and protection of citizens’ fundamental rights. The theoretical structural defects of the monism prove the implicitness of the constitutional element of trade rights, contradiction of liberal interpretation of public interests clauses, absence of basic norms of substantial constitution of the WTO and lack of right of development. Indeed, at present in the international multilateral trade arena, right of trade should be deemed an institutional guarantee of fundamental rights rather than a fundamental right per se.
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