Abstract

http://ssrn.com/abstract=1402942
 
 

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Rethinking Subsidiarity in International Human Rights Adjudication


William M. Carter Jr.


University of Pittsburgh - School of Law

2009

Hamline Journal of Public Law and Policy, 2009
Temple University Legal Studies Research Paper No. 2009-30

Abstract:     
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it may sometimes impede, rather than advance, the cause it purports to serve: namely, achieving universality of human rights. This article identifies situations where subsidiarity is more likely to diminish human rights protections that it is to advance them and suggests that subsidiarity should be abandoned or minimized in such areas.

Number of Pages in PDF File: 17

Keywords: international law, international human rights law, treaties, margain of appreciation, deference, subsidiarity, European Court of Human Rights, Universal Declaration of Human Rights, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Civil

JEL Classification: K33, K41

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Date posted: May 14, 2009 ; Last revised: July 1, 2013

Suggested Citation

Carter, William M., Rethinking Subsidiarity in International Human Rights Adjudication (2009). Hamline Journal of Public Law and Policy, 2009; Temple University Legal Studies Research Paper No. 2009-30. Available at SSRN: http://ssrn.com/abstract=1402942

Contact Information

William M. Carter Jr. (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1401 (Phone)

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