The radical ideation of peasants, the ‘pseudo-radicalism’ of international human rights law, and the revolutionary lawyer

2020 ◽  
Vol 8 (3) ◽  
pp. 425-456
Author(s):  
Margot E Salomon
Keyword(s):  
Human Rights ◽  
Rural Areas ◽  
Social Transformation ◽  
Unintended Consequences ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Theory Of Law ◽  
United Nations Declaration

Abstract This article questions the use of international human rights law in realising social transformation. It studies the new United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, drawing on the commodity-form theory of law. Through this lens, foregrounding the relationship between capitalism and law and their shared constituent form, the contradiction in what is at times a radical normative project in international human rights law is revealed. With the unintended consequences of human rights lawyering made visible, this work turns to the means through which the advocate can launch a potentially transformative ‘legal’ strategy. An exploration of two seminal modes of reconciliation follows: reconciling the use of international human rights law with a commitment to social transformation and reconciling the post-capitalist politics of progressive lawyers with their use of the law.

Part II Group Identity, Self-Determination, and Relations with States, Ch.7 Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1)

2018 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Full Spectrum ◽  
International Human ◽  
United Nations Declaration

This chapter analyses the rights to equality and non-discrimination in Articles 2, 6, and 7(1). The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) covers the full spectrum of rights contained in international and regional instruments, adapted to the circumstances of indigenous peoples. Because the UNDRIP has an exceptionally wide substantive scope, debates about equality and non-discrimination were a central part of the negotiations leading to its adoption. Where provisions of the UNDRIP were thought to deviate from rights already expressed in international law, they were perceived in some states to compromise the fundamental principles of equality and non-discrimination that underpin existing human rights' instruments. In this way, the extensive discussions about equality and indigeneity that characterized the development of UNDRIP are also debates about the continuity and coherency of international human rights' law.

Questions on Theory of Law in International Human Rights Law

2020 ◽  
pp. 1-25
Author(s):  
Carlos R. Fernández Liesa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Specific Question ◽  
International Human Rights ◽  
International Human ◽  
Theory Of Law

The objective of this paper is to examine some specific question on the theory of law in international human rights law. International human rights law has played an important role in the evolution of International law. There are different ways of approaching and understanding International law, different schools and certain central theoretical questions. This paper tackles theoretical questions within international law in the light of International law of human rights, such as the questions of hierarchy, unity, coherence, structure, time, power, justice and legitimacy. Furthermore, analyse theoretical horizons, like the question evolution/revolution, progression/regression, justiciability, sustainability and efficacity.

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