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Human Rights in the Emerging World Order


Joseph Raz


University of Oxford - Faculty of Law; Columbia University - Law School; King's College London – The Dickson Poon School of Law

November 14, 2009

(2010) 1 Transnational Legal Theory 31–47. Columbia Public Law Research Paper No. 09-219
Oxford Legal Studies Research Paper No. 47/2009

Abstract:     
This article has been published by the journal Transnational Legal Theory (http://www.hartjournals.co.uk/TLT). The article is an expanded and revised version of the lecture I gave at the opening plenary session of the 24th IVR World Congress in Beijing, September 2009, which was entitled and previously uploaded as ‘Human Rights in a New World Order.’ The unrevised ‘Human Rights in a New World Order’ speech will appear in the IVR proceedings as well as in translation in Chinese. The present article is made available for download here immediately after publication by special arrangement with the journal. The article is a reflection on the importance and some of the problems involved with the practice of human rights in international relations in the age of globalization. Beginning with rights in general to claim that their justification is in protecting and advancing individual interest, and distributing power to individuals. This is the main distinctive contribution of human rights in the international arena: they empower individuals, and voluntary organizations, endowing them with a voice alongside states and multinational corporations, and creating an additional channel of political action. I argue that human rights recognized in human rights law and practice are not universal rights, but they are syncronically universal, pertaining to all human beings alive today. I explain and justify that feature by the fact that human rights set a limit to state sovereignty. This fact makes clear the importance of impartial, efficient and reliable institutions for administering and enforcing human rights. Where such institutions are impossible there are no human right. Even when they are possible we face the risk that the practice of human rights would lead to an international regime which is blind to cultural diversity, and tends to serve the interests of big businesses and nothing more. This - I claim - is not something inseparable from the idea of human rights, but it confronts its practice with as yet unresolved problems. The human rights to education and to health are used to illustrate the points made in the paper.

Number of Pages in PDF File: 18

Keywords: Human-rights, rights, soveriegnty, globalization, right-to-health, right-to-education

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Date posted: October 30, 2009 ; Last revised: December 4, 2013

Suggested Citation

Raz, Joseph, Human Rights in the Emerging World Order (November 14, 2009). (2010) 1 Transnational Legal Theory 31–47. Columbia Public Law Research Paper No. 09-219; Oxford Legal Studies Research Paper No. 47/2009. Available at SSRN: http://ssrn.com/abstract=1497055 or http://dx.doi.org/10.2139/ssrn.1497055

Contact Information

Joseph Raz (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
HOME PAGE: http://josephnraz.googlepages.com/home
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States
HOME PAGE: http://josephnraz.googlepages.com/home
King's College London – The Dickson Poon School of Law ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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