Secondary Human Rights Law

Abstract

This Essay, written to honor Professor Michael Reisman, argues that international actors fundamentally disagree on the secondary rules that govern human rights law - that is, on how human rights law is properly made, applied, and enforced. The Essay identifies and appraises that problem. The lack of consensus on the applicable secondary rules limits the capacity of human rights law to establish substantive codes of conduct. More troubling, that lack of consensus breeds dissidence within and ultimately destabilizes the human rights regime.

Keywords: Human Rights Law, International Law, Seconary Rules