International Human Rights: Neglect of Perspectives From African Institutions

2006 ◽  
Vol 55 (1) ◽  
pp. 193-204 ◽  
Author(s):  
Rachel Murray

International human rights law advocates tolerance, inclusivity and the promotion of equality among peoples, nations and individuals across the world. It seems disappointing, therefore, that these standards do not always apply to the discipline of international human rights law itself. Instead there seems to be a hierarchy in the international human rights system. Others have written about such an approach in relation to different types of rights,1 reflecting political power struggles.2 This paper will consider whether African institutions are ‘third generation’ organs and perceived as of less value than others. It will argue that international human rights law has focused primarily on European and Western sources and neglected those from other jurisdictions. It has failed, therefore, to use African institutions, for instance, to provide examples of good practice, relying on them only as examples of what not to do. As Okafor and Agbakwa state, there is evidence of a one-way traffic, with Western scholars giving the impression that they feel they have little to learn from African institutions and their experiences:

2020 ◽  
pp. 210-216
Author(s):  
Lea Raible

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.


2020 ◽  
pp. 159-181
Author(s):  
Lea Raible

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 380-384
Author(s):  
Alexandra Huneeus

A topic motivating much research since 2016 is the turn away from international law caused by a surge in non-liberal and nationalist governments across the world. In the realm of human rights law, scholars have noted how states are now more apt to repudiate, resist, or simply ignore their human rights obligations. This essay makes a different cut into this topic. It considers not how non-liberal actors reject human rights law, but rather what happens when they embrace it. International human rights law in Latin America—often understood as a means of promoting a cosmopolitan, liberal political order—is also being harnessed toward other types of political projects. This raises the question of how necessary the link is between human rights and political liberalism: is non-liberal engagement an existential threat, or can human rights law have a thinner commitment to liberal principles than does, for example, national constitutional law? As the American Convention on Human Rights (ACHR) turns fifty, this essay argues that the human rights law of the Americas is open-ended enough that it can incorporate, and has at times incorporated, non-liberal concerns and norms without losing coherence or legitimacy. Further, this may be an apt survival strategy, albeit not the only one, for the region's human rights institutions in our time.


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