Standard Setting in Human Rights: Critique and Prognosis

Buffalo Legal Studies Research Paper No. 2007-013

Human Rights Quarterly, Vol. 29, pp. 547-630, 2007

85 Pages Posted: 5 Sep 2007

Abstract

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various divides.

Keywords: Universal Declaration of Human Rights, United Nations, global South, standard setting, deficits, human rights, norms, international law, non-governmental organizations, NGOs

Suggested Citation

Mutua, Makau, Standard Setting in Human Rights: Critique and Prognosis. Buffalo Legal Studies Research Paper No. 2007-013, Human Rights Quarterly, Vol. 29, pp. 547-630, 2007, Available at SSRN: https://ssrn.com/abstract=1010947

Makau Mutua (Contact Author)

SUNY Buffalo Law School ( email )

626 O'Brian Hall
Buffalo, NY 14260-1100
United States
716 645-2311 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
669
Abstract Views
2,761
rank
41,939
PlumX Metrics