The Politics of Human Rights Law

Undergraduate / Graduate

In contrast to the notion that international law is a 'stable set of normative demands opposed to international politics,' it is 'better understood as an aspect of hegemonic contestation, a technique of articulating political claims in terms of legal rights and duties' (Koskenniemi 2004:197). As a hegemonic technique, law is a surface over which political struggles are waged, reflecting back the political uncertainties of the time. That international law is situated within, not apart from political realities is not in question and before we can begin to explain universal international law, we must first clarify 'what or whose view of international law is meant' (199). This course challenges a traditional reading of international law by examining the politics of law. Specific attention will be paid to the interface between emergency powers and international law. When are international law principles relevant? What guidance or constraints does international law impose on emergency powers? What is the relationship between national and international control mechanisms? How do international law mechanisms supervise or monitor the exercise of emergency powers-from the "global war on terror" to Covid19-- and how effective are they? The course will provide students with a toolkit to [re]conceptualise international law in order to better understand the hegemonic contestation over the rights-based discourse.