This chapter is about human rights and the intertwined relationship between history and international law. From history to international law, it reconstructs the main phases that have led to the relative isolation of human rights law from international trade and investment law as well as international development law. From international law to history, it reflects on the ‘power’ of human rights norms and institutions to positively affect future historical developments and discusses the desirability and feasibility to overcome existing divides. The particular historical evolution of human rights as distinct from other domain of global governance is at the origin of its current ‘effectiveness’ crisis. The author concludes that if history may explain the relative isolation of human rights, only international law can pave the way for human rights coherent economic and development policies.

History, Isolation and the Effectiveness of Human Rights

A Ciampi
2019-01-01

Abstract

This chapter is about human rights and the intertwined relationship between history and international law. From history to international law, it reconstructs the main phases that have led to the relative isolation of human rights law from international trade and investment law as well as international development law. From international law to history, it reflects on the ‘power’ of human rights norms and institutions to positively affect future historical developments and discusses the desirability and feasibility to overcome existing divides. The particular historical evolution of human rights as distinct from other domain of global governance is at the origin of its current ‘effectiveness’ crisis. The author concludes that if history may explain the relative isolation of human rights, only international law can pave the way for human rights coherent economic and development policies.
2019
978-1-78897-748-7
human rights, history, WTO, international investment law, international trade law, right to development, China, China’s human rights diplomacy, free trade agreements, sustainable development goals, jus cogens, non-governmental organizations, European Union, EU Court of Justice, International Criminal Court, Soviet Union / Russian Federation, China, United States, (Rwandan) genocide, ICTY, investor-state dispute settlement (ISDS), (war against) international terrorism; second world war, European Convention/Court of Human Rights, Samuel Moyn, financial and economic crisis, internal/free market
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/999011
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