Revisiting the Humanisation of International Law: Limits and Potential - Obligations Erga Omnes, Hierarchy of Rules and the Principle of Due Diligence as the Basis for Further Humanisation

15 Pages Posted: 19 Jul 2013

See all articles by Dr Vassilis P Tzevelekos

Dr Vassilis P Tzevelekos

University of Liverpool - School of Law & Social Justice

Multiple version iconThere are 2 versions of this paper

Date Written: July 17, 2013

Abstract

The article critically evaluates the theory of the humanization of international law. First, it argues that despite human rights having impact on (other areas of) international law, this trend has in the past been somewhat inflated. A number of examples are given where human rights have been tested against other objectives pursued by international law, with humanization revealing its limits and actual dimensions. The second argument consists in identifying and highlighting obligations erga omnes (partes) and the principle of due diligence as two ‘systemic’ tools, that are central to the humanization of international law. Both these tools form part of modern positive law, but may also make a positive contribution towards the direction of deeper humanisation in international law, having the potential, inter alia, to limit state will, establish occasional material normative hierarchy consisting in conditional priority in the fulfillment of human rights, give a communitarian tone to international law and invite states to be pro-active in the collective protection of their common interests and values. In its conclusions, the article offers a plausible explanation about the paradox it identifies of the limits of the humanization on the one hand, and its potential for further development on the other. For, it is inherent in international law that the line separating the law from deontology is thin. The process of humanization needs to be balanced with the other objectives of international law as well as reconciled with the decentralized and sovereignist origins of the pluralistic international legal system.

Keywords: humanisation, constitutionalism, legal positivism, human rights, erga omnes, due diligence, positive obligations, normative hierarchy, proportionality

Suggested Citation

Tzevelekos, Vassilis, Revisiting the Humanisation of International Law: Limits and Potential - Obligations Erga Omnes, Hierarchy of Rules and the Principle of Due Diligence as the Basis for Further Humanisation (July 17, 2013). Erasmus Law Review, Vol. 6, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2295025

Vassilis Tzevelekos (Contact Author)

University of Liverpool - School of Law & Social Justice ( email )

Brownlow Hill
Liverpool, L69 3BX
United Kingdom

HOME PAGE: http://https://www.liverpool.ac.uk/law/staff/vassilis-tzevelekos/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
592
Abstract Views
1,942
Rank
68,524
PlumX Metrics