THE POLITICS OF HUMAN RIGHTS IN RELATION TO THE RULE OF LAW Cover Image

ПОЛИТИКА ЉУДСКИХ ПРАВА У ОДНОСУ НА ВЛАДАВИНУ ПРАВА
THE POLITICS OF HUMAN RIGHTS IN RELATION TO THE RULE OF LAW

Author(s): Ian Brownlie
Subject(s): Human Rights and Humanitarian Law, Politics and law
Published by: Правни факултет Универзитета у Београду
Keywords: Human rights politics; Rule of law; Double standards; Proliferation of human rights instruments;

Summary/Abstract: In this paper, the author argues that in the context of international relations as they stand today in relation to the proliferation of human rights instruments and the erosion of the reserved domain of domestic jurisdiction, human rights are used as a tool for hegemonial intervention and promotion of unequal relations between states, instead of further implementation of the international rule of law. The author identifies the background elements which are conducive to the abuses and inequalities in the application of the law: the political atmosphere and orthodoxy, non-effective and non-objective fact finding which leads to the manipulation of key facts, the proliferation of forms of international criminal jurisdiction, and strong political opportunism controlling the human rights milleu. The author further presents some examples where double standards in relation to human rights and humanitarian law were present, such as the cases of Darfur, the Balkans, or the conflict between Ethiopia and Eritrea. Therefore, the only way for a genuine promotion of human rights is through their further implementation and adherence to the international rule of law.

  • Issue Year: 57/2009
  • Issue No: 4
  • Page Range: 14-22
  • Page Count: 9
  • Language: Serbian
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