WTO Law and Human Rights: Bringing Together Two Autopoietic Orders

摘要

In comparison to GATT law, WTO law is characterized by a notably expanded coverage. Since its inception in 1995, its material density and reach has been further extended. It was only a question of time before the demand would arise for this branch of law to fulfil objectives lying outside the traditional borders of International Economic Law (IEL). In particular, it was recognized that WTO law touches in many ways upon human rights issues. Vigorous claims were made to transform the WTO order into a human rights organization. Some authors were of the opinion that human rights law (HRL) could be integrated into WTO law via the interpretative rules of the VCLT. This contribution tries to evidence that such attempts are inherently flawed. There is no possibility, nor even a perceptible need, to transform the WTO system into a human rights instrument. After examining the many areas of interaction between HRL and IEL, it is evidenced that the many common ends of each branch of IL are best served if both masses of law are mutually coordinated but at the same time maintain their autopoietic nature. This is also to demonstrate that the consideration of this fragmentation as a so-called problem of IL is overrated.