Acuerdos de libre comercio y el sistema internacional de derechos humanos en el marco del Derecho Penal Internacional

Abstract

The next paragraphs reveal the problems that are derived at the moment of reconciliating the liberalization of the market, in order to enlarge the space of operations of private capital (under the so called “free commerce agreements”), with the attempt of an effective intervention for ensuring the pax public. Paradoxically, it is perceived how human rights, which in this process of liberalization can be damaged, end up been protected only at a national level under neoliberal policies. This article analyzes the ways of solution that are driven by this new paradigm, like arbitration tribunals, with the problems that this entails in practice as they collide with human rights. We are in front of justice made ad-hoc for holders of the economic power in contraposition of a masses’ justice for ordinary consumers. The text also analyzes, with special emphasis, the European framework of the last few years. It is affirmed that human rights’ international law must prevail, in a tight sense, facing any external interference of lower rank, like free commerce agreements which, when entering in contradiction with those first rights, must be nullified.