In: Chapter to be contained in Wouter Vandenhole (ed.), Challenging Territoriality in Human Rights Law: Foundational Principles for a Multi Duty-Bearer Human Rights Regime, London, Routledge (Forthcoming)
On 28 September 2011, at a gathering convened by Maastricht University and the International Commission of Jurists, a group of experts in international law and human rights adopted the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights. The experts came from universities and organizations located in all regions of the world and included current and former members of international human rights treaty bodies, regional human rights bodies, and former and current Special Rapporteurs of the United Nations Human Rights Council. Adapted from the source document.
AbstractThe Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011 by leading experts in international law and human rights. The Maastricht Principles enunciate the parameters within which extraterritorial obligations must be discharged. Economic globalization fosters an accountability gap and has made evident an imbalance between the scope of influence of states and the way in which their legal responsibility is defined. Still, the extraterritorial dimensions of economic and social rights have been approached by courts and human rights expert bodies in a largely ad hoc fashion. By authoritatively bringing together the requirements of international human rights law in this fast‐evolving area, the Principles should contribute to reconciling the human rights duties of states with globalization.
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The Maastricht Centre for Human Rights of Maastricht University and the International Commission of Jurists are pleased to announce the adoption of the Maastricht Principles on Extra-Territorial Obligations (ETOs) of States in the area of Economic, Social and Cultural Rights. These international legal principles clarify the human rights obligations of States beyond their own borders. The Principles cover all economic, social and cultural rights, including among others the right to just and favourable conditions of work, social security, an adequate standard of living, food, housing, water, sanitation, health, education and participation in cultural life.
read more at http://www.maastrichtuniversity.nl/web/Institutes/MaastrichtCentreForHumanRights.htm
With its provisions on the EMU, the Maastricht Treaty introduced a new, 'macroeconomic' layer into the European economic constitution. The Maastricht layer of the European economic constitution was based on the following principles: exclusive competence of the EU in monetary policy in the euro area; price stability as the primary objective of Europeanized monetary policy; independence of the ECB and national central banks; Member State sovereignty in fiscal and economic policy with the Union accomplishing a mere coordinating task; Member State fiscal liability as the reverse of their fiscal sovereignty; and primacy of price stability pursued by Europeanized monetary policy over national fiscal-policy objectives. The ongoing euro-area crisis is a constitutional crisis, too. The European responses to the crisis include, on the one hand, emergency measures and stability mechanisms, and, on the other hand, strengthening European economic governance. As a consequence of these responses, the central Maastricht principles of the European economic constitution are teetering. However, the present constitutional crisis should not merely be conceived in economic terms. It extends to the political and social dimensions; it also affects democracy and transparency, as well as social values and rights.
In: International law reports, Band 98, S. 196-246
ISSN: 2633-707X
Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of exercise of treaty-making power — Treaty on European Union, 1992 ("Maastricht Treaty") — Compatibility with Basic Law of the Federal Republic of GermanyTreaties — Conclusion and operation — Constitutional limitations — Accession of Federal Republic of Germany to Treaty on European Union — Extension of powers of European Community — Compatibility with Basic Law of the Federal Republic following enactment of Law amending Basic Law of 28 December 1992 — Article 23(1) of Basic Law — Whether providing satisfactory constitutional basis for accession of Federal Republic to Maastricht Treaty — Whether Federal Constitutional Court should obtain opinion of experts or Community institutions concerning interpretation of Treaty — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by membership of European Union — Whether such membership violating Articles 20, 38 and 79(3) of Basic Law — Whether such membership irreversible — Scope of permissible transfer of sovereignty to Community institutions — Requirement that living democracy must be preserved in Member States during process of European integration — Condition that national parliaments should retain substantial level of authority — Whether acts of Community institutions are subject to national constitutional review to ensure that their powers are not exceededInternational organizations — European Community — Powers — Extension of powers by treaty — Treaty on European Union, 1992 — Legal basis for extension of powers — Whether European Community developing into political union without clearly restricted powers — Distinction between pooling of sovereignty in economic sphere and inter-governmental co-operation in other spheres — Article A of Treaty — Principle of limited specific 197attribution of powers to Community institutions — Article F(3) of Treaty — Whether granting Union competence to determine or extend its own powers — Effect of principle of subsidiarity — Establishment of common monetary and exchange rate policy — Whether automatically leading towards monetary union beyond control of Member States — Legal effect of target dates for achievement of monetary union — Requirement that extension of Community powers to be accompanied by enhancement of democratic foundations of Community institutions — Requirement that Union should respect national identities and existing democratic principles of Member States — Preamble and Article F(1) of TreatyHuman rights — Procedure for enforcement — Fundamental rights under Basic Law of Federal Republic of Germany — Treaty on European Union, 1992 and secondary legislation — Possible conflict with fundamental rights under Basic Law — Primary role of Court of Justice of European Community in ensuring respect for fundamental rights — Whether Federal Constitutional Court retaining ultimate right to secure compatibility of Community legislation with fundamental constitutional rightsInternational organizations — European Community — Institutions — Court of Justice — Power — Treaty on European Union, Article L — Exclusion of jurisdiction of Court over certain provisions of Treaty — Whether affecting general jurisdiction of Court to interpret provisions of Community treatiesInternational organizations — European Community — Institutions — European Parliament — Position within institutional structure of European Union — Role of ensuring democratic legitimacy for Union — Whether any need for enhancement of powers — Significance of method of election by citizens of Member State — The law of the Federal Republic of Germany