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Philosopher Kings?The Adjudication of Conflicting Human Rights and Social Values$
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George C. Christie

Print publication date: 2011

Print ISBN-13: 9780195341157

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195341157.001.0001

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Structural Impediments to Consistent Application of “Universal” Human Rights

Structural Impediments to Consistent Application of “Universal” Human Rights

(p.21) 3 Structural Impediments to Consistent Application of “Universal” Human Rights
Philosopher Kings?

George C. Christie (Contributor Webpage)

Oxford University Press

The effect of the increasing globalization of the world's economic and political structure on the development of law and legal institutions is nowhere more publicly visible than in the burgeoning field of human rights. Whatever might be the downside of globalization, it is a development that raises in the minds and aspirations of many the prospect that, not only will the issues surrounding the proper role of the courts in an increasingly globalized world be resolvable, but that, in the process, we shall also develop a truly universal law of human rights. This chapter argues that even if the ambitious goal of developing a truly universal law of human rights were realizable, there are still serious structural reasons why it might never result in the consistent application of any such universal law across national boundaries. However much we might desire to attain the goal of consistent application, even among nation states that share the same basic values there are historical and cultural factors that will materially affect our ability to achieve a true congruence in the application of a transnational human rights law.

Keywords:   human rights, human rights law, cultural factors, historical factors, international law

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