Tuesday, June 11, 2019
To what extent does the character of inter-state relations mean that Essay
To what extent does the character of inter-state relations mean that the potential for human rights will always be limited - attempt ExampleConversely, it has been propounded that customary world-wide law is nevertheless significant as a source of law particularly in the international human rights compass (Cassese, 2005 p.389). For example, the codification of conventions, and case law of the International Court of Justice (IJC) have been cited as contributing to the resurrection of customary international law (Cassese, 2005 p.65). However, notwithstanding the theoretical enormousness of international law making in areas such as human rights and as a check on autocratic state power, these measures are notwithstanding as effective as their practical enforceability, which some commentators have challenged in light of competing political interests at international level, arguing that customary law has effectively been replaced by national concerns in inter-state relations (Dixon, 2 007 p.17).Directly correlated to this is the concept of state and inter-state relations, which in terms of individual human rights protections at international level has become a central issue particularly in context of rapid globalisation (Baylis & Smith, 2001).Indeed, Benvenisti and Hirsch comment that globalisation is a multifaceted concept that encompasses technological, political, economic and kind trends (Benvenisti & Hirsch, 2004 p.167). Moreover Baylis et al highlight that the term globalisation refers to the widening, deepening and speeding up of worldwide internconnectedness in all aspects of contemporary social life (Baylis & Smith, 2001 at p.541).As such, the rapid pace of this process in the previous two decades along with the digital revolution has meant that cross border flows (of trade, investment, migrants, pagan artefacts, environmental factors etc) have reached unprecedented levels. (Benvenisti & Hirsch, 2004, p.168). Directly related to this is the increase of
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