Interactions between Regional Economic Integration Organizations (REIOS) and Regional Human Rights Systems (RHRSS): analyzing the multiple protection of human rights in Europe and in Latin America and the Caribbean
| Autor | Belén Olmos Giupponi |
| Páginas | 149-182 |
gpp
Interactions between regional economic integration
organizations (reios) and regional human rights systems
(rhrss): analyzing the multiple protection of human rights
in Europe and in Latin America and the Caribbean
151
Relations between regional economic integration organisations (reios) and
regional human rights regimes (rhrs occupy a relevant place on the research
agenda. International and European Union law scholarships have focused
their analysis mainly on the European scenario, addressing the intricacies of
the inter-systemic relations between the Court of Justice of the European
Union (cJeu) and the European Court of Human Rights (ECtHR), thereby
overlooking developments in other regions. Consequently, a gap exists in
comparative regional integration analyses that this article attempts to fill.
These inter-systemic relations respond to the current features of the
international scenario, which reveals the proliferation of courts and, ulti-
mately, relate to the dilemma of fragmentation versus unity when referred
to different regimes and sub-systems operating on the international level1.
From an economic integration standpoint, human rights are often con-
ceived as subordinated to the preponderant economic goals or perceived to
be in conflict with Community law. In addition, the study of the question
has stricto sensu been circumscribed to freedom of movement, whereas in a
broad sense the analysis may comprise other rights. In this regard, regional
dispute settlement bodies have contributed a case law clarifying the inter-
systemic relations between reios and rhrs.
The article analyzes the relationship between reios and rhrss, in particu-
lar, between the European Union and the European Human Rights System;
and the Latin American and Caribbean subregional economic integration
agreements and the Inter-American Human Rights System (iahrs). Specifi-
cally, it examines the possibility to articulate a judicial dialogue between dif-
ferent judicial and quasi-judicial bodies set up within the respective systems.
For the purposes of these article by Latin American subregional reios i
understand those international organisations which have been established
through agreements concluded between neighbouring States generally with
similar levels of economic development and which share cultural and histori-
1 These issues have been extensively argued by international law and EU law, it is not necessary
to repeat them here. See G. de burca, “The Evolution of EU Human Rights Law”, in P. Graig
and G. de Burca (eds.), Oxford, Oxford University Press, 211, p. 65.
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