Abstract
This article proposes that the characterisation of the relationship between international trade law and international human rights law as one of tension or incoherence limits the conceptualisation of
justice permissible within international trade law, locates international human rights law as trade law’s ‘other’ and masks a deeper problematique within both bodies of international law. Drawing
from Derrida’s concept of ‘justice à venir’ to recognise the inherent ‘promise of justice’ quality of law, and from post-colonial and critical philosophical analyses of international law to identify
some foundational conceptual and normative biases inherent to both bodies of law, this article proposes that greater attention to the tensions within international trade law may lead to an
enhanced recognition and re-envisioning of the justice potential of international trade law
justice permissible within international trade law, locates international human rights law as trade law’s ‘other’ and masks a deeper problematique within both bodies of international law. Drawing
from Derrida’s concept of ‘justice à venir’ to recognise the inherent ‘promise of justice’ quality of law, and from post-colonial and critical philosophical analyses of international law to identify
some foundational conceptual and normative biases inherent to both bodies of law, this article proposes that greater attention to the tensions within international trade law may lead to an
enhanced recognition and re-envisioning of the justice potential of international trade law
Original language | English |
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Number of pages | 15 |
Volume | HRREC_2016-01 |
Publication status | Published - Mar 2016 |
Externally published | Yes |