Law Governing Human Rights Backlash: Rising Above State Voluntarism?

"Rejections of agents and tools of human rights change – human rights backlashes are no longer isolated incidents that rarely occur but 'the new normal'. We wonder if there is a way to stop the backlash? What part could international human rights law play in attempts to stay with its addresses? Our main research questions are: Can states take back given human rights? If yes, to which extent this is possible? Main thesis of this project is that states cannot voluntarily take back given human rights; some or possibly all of these rights have risen above state voluntarism. Using knowledge accumulated in international law and international relations we will try to solve research puzzles and prove the thesis. Chapter I will define phenomenon of the 'human rights backlash', elaborate on its main typologies, give historical perspective and enquire into its possible causes. Chapter II is conceived as empirical. Aim is to look trough the lenses of main types of backlash, coming from the executive, legislative and judicial branches of government, and see state justifications and effects under international human rights law. Chapter III will use conclusions from Chapter II on possible 'legal' forms of backlash and explore further arguments favoring their 'illegality', in particular in light of analyzed state justifications.


PhD Director(s):
Vincent Chetail
Notes:
Jury member(s): Andrea Bianchi



 Record created 2017-05-11, last modified 2018-01-29


Rate this document:

Rate this document:
1
2
3
 
(Not yet reviewed)