Paradox of Hierarchy and Conflicts of Values: International Law, Human Rights, and Global Governance

20 Pages Posted: 26 Dec 2019 Last revised: 13 Jan 2020

See all articles by Jootaek Lee

Jootaek Lee

Rutgers, The State University of New Jersey - Rutgers Law School; Northeastern University - School of Law

Date Written: December 4, 2019

Abstract

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights?

This article may not answer to all of these questions, but will attempt to theoretically and philosophically clarify hierarchical issues in international law, particularly in the human rights field, with examples.

Keywords: international law, hierarchy, philosophy, international theories, international institutions, United Nations, UN, human rights, development, human rights cities, indigenous, education, values, theories, transnational theory, New Haven, McDougal, Lasswell, Reisman, Neo-liberalism

JEL Classification: K00, K33

Suggested Citation

Lee, Jootaek, Paradox of Hierarchy and Conflicts of Values: International Law, Human Rights, and Global Governance (December 4, 2019). Northwestern University Journal of International Human Rights, Vol. 18, No. 1, pp. 75-94.; Rutgers Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=3498334

Jootaek Lee (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

123 Washington Street
Newark, NJ 07120
United States

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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