Wednesday, October 30, 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 - Essay Example Conversely, it has been propounded that customary international law is nevertheless significant as a source of law particularly in the international human rights arena (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 ââ¬Å"resurrectionâ⬠of customary international law (Cassese, 2005: p.65). However, notwithstanding the theoretical importance of international law making in areas such as human rights and as a check on autocratic state power, these measures are only 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challenged in light of competing political interests at international level, arguing that customary law has effectively been replaced by national concerns in inter-state relations (Dixon, 2007: p.17). Directly correlated to this is the concept of ââ¬Å"stateâ⬠and ââ¬Å"inter-state relationsâ⬠, 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 social trends (Benvenisti & Hirsch, 2004 p.167). Moreover Baylis et al highlight that the term globalisation refers to ââ¬Å"the widening, deepening and speeding up of worldwide internconnectedness in all aspects of contemporary social lifeâ⬠(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 ââ¬Å"cross border flows (of trade, investment, migrants, cultural artefacts, environmental factors etc) have reached unprecedented levelsâ⬠. (Benvenisti & Hirsch, 2004, p.168). Directly related to this is the increase of
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