
|
|
  
Taking Human Dignity, Poverty and
Empowerment of Individuals More Seriously: Rejoinder to Alston *
Ernst-Ulrich Petersmann
**
Full text available: PDF format ***
Alston's Comment on my article1 systematically misrepresents my publications and
imputes to me absurd and irresponsible views which I have rejected in more than
200 publications over 30 years (Section 1). Without taking into account my
books on national and international constitutional law, and without any attempt
to test or falsify my `constitutional approach' and the historical evidence
supporting it, Alston's criticism of `methodological shortcomings' seeks refuge
in polemics (Section 2). Alston ignores the vast European literature and legal
practice in support of `social market economies', and fails to identify and
discuss the sources of our different human rights conceptions, i.e., my broader
interpretation of human dignity and of personal liberty rights (Section 3). I
hope that this short rejoinder will help readers understand that Alston's
nightmare of a Don Quixotte attacking the UN system exists only in the author's
aggressive fantasies.

* Editors Note: The Editors of the EJIL welcomed the
request of Professor Petersmann to publish a rejoinder to the comment by Philip
Alston and also welcomed his wish to have the rejoinder published in the same
issue as the comment. This, however, limited both the time and space available
to Profesor Petersmann to prepare his rejoinder. The entire Petersmann-Alston
exchange will be posted on the website (www.ejil.org), including the longer version of
Professor Petersmann's paper to which he makes reference in his rejoinder. Both
authors have been invited, should they wish, to amplify their comments on the
website.
**
Professor (joint chair) for International and European Law and Policy at the
European University Institute and its Robert Schuman Centre in Florence, Italy.
In view of the page limitations imposed on both my article and this rejoinder,
I refer to the longer responses to my critics in: Petersmann, `Time for
Integrating Human Rights into the Law of Worldwide Organizations', Jean
Monnet Working Paper 7/2001, Harvard Law School.
***
The free viewer (Acrobat Reader) for PDF file is available at the
Adobe
Systems.
1 Petersmann, `Time for a United Nations "Global Compact"
for Integrating Human Rights into the Law of Worldwide Organizations: Lessons
from European Integration', 13 EJIL (2002) 621.
  
|
|
© 1990-2004 European Journal of International Law
All comments and suggestions should be sent to webmaster
This site is part
of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European
Law at the European University
Institute.
This file was last modified:
Thursday, October 17, 2002 04:01AM
|