The Globalization of Human Rights Law: Why Do Human Rights Need International Law?

Authors

Filip Spagnoli

Publication Date

3-1-2008

Document Type

Essay

Abstract

This Essay examines the globalization of human rights law, a rather recent legal development which has occurred in two parallel ways: human rights have become part of most national constitutions and have been enshrined in widely accepted international treaties. The central question of this Essay is the utility of international law in the field of human rights protection. The conclusion is that ideally human rights protection should be a national matter, but in an imperfect world, with failing national protection, international human rights protection is a necessary alternative. This Essay examines how, in an imperfect world, international law can contribute to human rights protection, and also how it hinders this goal. It looks at the problems of immunity, self-determination, and non-intervention; monism versus dualism; ius cogens; international monitoring; and other ways in which international law can have a positive or negative impact on the protection of human rights.

DOI

10.37419/TWLR.V14.I2.8

First Page

317

Last Page

336

Recommended Citation

Filip Spagnoli, The Globalization of Human Rights Law: Why Do Human Rights Need International Law?, 14 Tex. Wesleyan L. Rev. 317 (2008).
Available at: https://doi.org/10.37419/TWLR.V14.I2.8