De-Centring Human Rights from the International Order of States - The Alignment and Interaction of Transnational Policy Channels

2016 ◽  
Author(s):  
Radu Mares
Keyword(s):  
Human Rights ◽  
International Order

Seismic Shifts: The COVID-19 Pandemic’s Gendered Fault Lines and Implications for International Law

2021 ◽  
Vol 39 (1) ◽  
pp. 91-104
Author(s):  
Shruti Rana
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Order ◽  
Private Life ◽  
Legal Order ◽  
Public And Private ◽  
State Action ◽  
Role Of The State ◽  
International Legal Order ◽  
Fault Lines

Abstract The Covid-19 pandemic and related shutdowns created seismic shifts in the boundaries between public and private life, with lasting implications for human rights and international law. Arriving just as the international legal order was wobbling in the wake of a populist backlash and other great challenges, the pandemic intensified fault lines of marginalisation and state action, amplifying the forces that had already left the liberal international order in crisis and retreat. This article examines the pandemic’s impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic has reinforced public-private divides in international law, reinvigorating previous debates over the role of the state in protecting its people from harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have supported and expanded the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such divides and contribute to the further retreat of the liberal international order. Examining these fault lines and their implications can help us re-imagine a post-pandemic international legal order that offers more protection for human rights, even as multilateral institutions and cooperation sputter or fail.

Humanitarian Intervention: Which Way Forward?

2000 ◽  
Vol 14 ◽  
pp. 23-38 ◽  
Author(s):  
Richard Caplan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Intervention ◽  
International Order ◽  
International Community ◽  
National Sovereignty ◽  
Member States ◽  
Political Consensus ◽  
Kosovo War

States have long taken exception to the notion of humanitarian intervention because it threatens to undermine a bedrock principle of international order: national sovereignty. In the case of Kosovo, however, NATO's nineteen member states chose not only to put aside their concerns for national sovereignty in favor of humanitarian considerations, but also to act without UN authorization. This essay examines the ways in which states – European states in particular – are rethinking historic prohibitions against humanitarian intervention in the wake of the Kosovo war. It focuses on two approaches:Efforts to reinterpret international law so as to demonstrate the legitimacy of humanitarian intervention andEfforts to build a political consensus regarding when and how states may use force for humanitarian endsWhile efforts to weaken prohibitions may succeed, thereby facilitating future interventions, resolution of the tension between legitimacy and effectiveness in defense of human rights will continue to elude the international community unless a political consensus can be achieved.

scholarly journals EU peacebuilding’s new khaki: Exceptionalist militarism in the trading of good governed for military-capable states

Politics ◽  
2020 ◽  
pp. 026339572094734
Author(s):  
Marta Iñiguez de Heredia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Thematic Analysis ◽  
Good Governance ◽  
International Order ◽  
International Peace ◽  
Peace And Security ◽  
Liberal Peacebuilding ◽  
The Eu

This article explores how European Union (EU) peacebuilding is being reconfigured. Whereas the EU was once a bulwark of liberal peacebuilding, promoting a rule of law–based international order, it is now downplaying the goal of good governance and placing military capacity as central for international peace and security. Several works have analysed these changes but have not theorised militarism, despite war-waging and war-preparation have marked EU peacebuilding’s direction. The article argues that EU peacebuilding continues to expose elements of liberal militarism since its origins but is now changing from what Mabee and Vucetic call a nation-statist to an exceptionalist militarism. This shift implies that peace has ceased to be served by the intervention of sovereignty with a discourse based on the link between order, good governance, and human rights and is now premised on the upholding of sovereignty, even if that means the suspension of rights. The research draws on thematic analysis of EU documents and interviews undertaken with EU and G5 Sahel officials and managers of EU-funded peacebuilding programmes. It also briefly analyses the case of the Sahel as an example of how the build-up of states’ military capacity is strengthening states’ capacity to override human rights and repressing dissent.

HUMAN RIGHTS AND THE LEGITIMACY OF THE INTERNATIONAL ORDER

Legal Theory ◽  
2008 ◽  
Vol 14 (1) ◽  
pp. 39-70 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
Dynamic Process ◽  
Practical Reasoning ◽  
International Order ◽  
Legal Order ◽  
Legal Institutions ◽  
Epistemic Virtues ◽  
International Legal Order ◽  
Human Rights Norms ◽  
Over Time

The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical reasoning structured by legal institutions. Whether the “justification deficit” can be remedied depends not only upon the content of human rights norms as set out in the major conventions and the arguments philosophers can marshal to justify them but also upon the epistemic virtues of the institutions through which the norms are specified, contested, and revised over time.

A Crime that Offends the Conscience of Humanity: A Proposal to Reclassify Trafficking in Women as an International Crime

2009 ◽  
Vol 9 (1) ◽  
pp. 77-98 ◽  
Author(s):  
Nina Tavakoli
Keyword(s):  
Human Rights ◽  
International Crime ◽  
Legal Framework ◽  
International Order ◽  
Legal Order ◽  
Trafficking In Women ◽  
Women’S Human Rights ◽  
International Legal Order ◽  
Women's Human Rights

AbstractThe current international legal framework for the prosecution of trafficking of women needs to be revisited if trafficking is to be combated more effectively. The treatment of trafficking as a transnational, rather than an international crime denies its essence as a crime that offends the conscience of humankind and which strikes at the heart of international order. This failure is symptomatic of an international legal order that prioritises and affords greater protection to abuses of men's as opposed to women's human rights.

The International Rule of Law: Law and the Limit of Politics

2014 ◽  
Vol 28 (1) ◽  
pp. 39-51 ◽  
Author(s):  
Ian Hurd
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Organizations ◽  
International Order ◽  
Power Politics ◽  
State Consent ◽  
International Rule

The international rule of law is often seen as a centerpiece of the modern international order. It is routinely reaffirmed by governments, international organizations, scholars, and activists, who credit it with reducing the recourse to war, preserving human rights, and constraining (albeit imperfectly) the pursuit of state self-interests. It is commonly seen as supplanting coercion and power politics with a framework of mutual interests that is cemented by state consent.

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