New PDF release: The sovereignty of human rights

By Patrick Macklem

ISBN-10: 0190267313

ISBN-13: 9780190267315

The Sovereignty of Human Rights advances a felony idea of foreign human rights that defines their nature and goal when it comes to the constitution and operation of overseas legislations. Professor Macklem argues that the project of overseas human rights legislation is to mitigate opposed results produced via the foreign felony deployment of sovereignty to constitution worldwide politics into a global felony order. The ebook contrasts this felony notion of overseas human rights with ethical conceptions that conceive of human rights as tools that defend common positive factors of what it ability to be a person. The publication additionally takes factor with political conceptions of overseas human rights that target the functionality or function that human rights performs in worldwide political discourse. It demonstrates that human rights generally notion to lie on the margins of overseas human rights legislations - minority rights, indigenous rights, the ideal of self-determination, social rights, exertions rights, and definitely the right to improvement - are crucial to the normative structure of the sector

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Stud. 675 (2013). 65 24 The Sovereignty of Human Rights Unlike moral conceptions of human rights, political conceptions link human rights to the function they perform in the broader global arena. Political conceptions treat international law as a subset of international politics. International law undoubtedly is the product of political projects. But international law also structures global politics by a binary opposition between legality and illegality, conferring legal authority on some claims of economic and political power and rejecting others as international illegalities.

International human rights speak to distributional consequences of the fact that international law deploys sovereignty, as a legal 70 For a theoretical defense of an interest-based view of rights, see Raz, The Morality of Freedom (1986). 26 The Sovereignty of Human Rights entitlement, to organize global economic and political realities into an international legal order. International human rights monitor the distribution and exercise of sovereign power to which international law extends legal validity.

And by monitoring the structure and operation of the international legal order, international human rights assume a normative mission much richer than what is ascribed to them by the universal imagination. Preventing a State from threatening essential features of what it means to be human, in other words, is but a small part of the real normative terrain of international human rights law, which is the legitimacy of the international legal order itself. Compare Rawls, supra note 39, at 80 (a human right should receive international as opposed to domestic protection because it is “intrinsic to the law of peoples”).

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The sovereignty of human rights by Patrick Macklem

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