Introduction : An emerging field
Langford, Malcolm ; Vandenhole, Wouter ; Scheinin, Martin LU
and Van Genugten, Willem
(2012)
p.3-31
- Abstract
Beyond Westphalia Human rights are often framed within a territorial perspective. The phrase can easily conjure up images of citizens struggling for their rights with their own governments rather than with distant foreign governments. The idea of human rights gained prominence in the wake of the establishment of a Westphalian world order of 1648, with territorially distinct States exercising sovereignty within their geographical borders. This territorial ordering has shaped the trajectory and vocation of domestic and international human rights law: it is a corrective to the domestic failures of the State. Whatever the content of the claim (rights to life, vote, education, etc.) or the nature of the government (democratic, authoritarian... (More)
Beyond Westphalia Human rights are often framed within a territorial perspective. The phrase can easily conjure up images of citizens struggling for their rights with their own governments rather than with distant foreign governments. The idea of human rights gained prominence in the wake of the establishment of a Westphalian world order of 1648, with territorially distinct States exercising sovereignty within their geographical borders. This territorial ordering has shaped the trajectory and vocation of domestic and international human rights law: it is a corrective to the domestic failures of the State. Whatever the content of the claim (rights to life, vote, education, etc.) or the nature of the government (democratic, authoritarian or colonial), the responsibilities of States are constrained by national borders. Even though the wording of international human rights standards suggest a much broader scope of application, obligations that extend beyond this domestic sphere have been largely understood or interpreted in residual, minimalistic or moral terms, if at all. This is particularly evident in mainstream political philosophy, international legal jurisprudence and most constitutional bills of rights. Despite its ascendance, this Westphalian territorial framing of rights is a paradigm under strain. As Amartya Sen commented, there are “few non-non-neighbours left in the world today” because we are “increasingly linked not only by our mutual economic, social and political relations, but also by vaguely shared but far-reaching concerns about injustice and inhumanity”. The capacity of States and other actors to impact human rights far from home, whether positively or negatively, is impressive. Most notable has been the rise of trade and investment regimes, international aid policies, global military operations and global finance, together with ever-speedier and comprehensive transport and telecommunications. The result is that the world is a smaller place – the State has lost its omnipresence.
(Less)
- author
- Langford, Malcolm
; Vandenhole, Wouter
; Scheinin, Martin
LU
and Van Genugten, Willem
- publishing date
- 2012
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- host publication
- Global Justice, State Duties : The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law - The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law
- editor
- Langford, Malcolm ; Vandenhole, Wouter ; Schenin, Martin and Genutgen, Willem van
- pages
- 29 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:84924751105
- ISBN
- 9781107012776
- 9781139002974
- DOI
- 10.1017/CBO9781139002974.003
- language
- English
- LU publication?
- no
- id
- aded44f7-75b4-4983-9f49-57105e1e6d08
- date added to LUP
- 2025-05-21 10:36:01
- date last changed
- 2025-06-18 21:03:30
@inbook{aded44f7-75b4-4983-9f49-57105e1e6d08,
abstract = {{<p>Beyond Westphalia Human rights are often framed within a territorial perspective. The phrase can easily conjure up images of citizens struggling for their rights with their own governments rather than with distant foreign governments. The idea of human rights gained prominence in the wake of the establishment of a Westphalian world order of 1648, with territorially distinct States exercising sovereignty within their geographical borders. This territorial ordering has shaped the trajectory and vocation of domestic and international human rights law: it is a corrective to the domestic failures of the State. Whatever the content of the claim (rights to life, vote, education, etc.) or the nature of the government (democratic, authoritarian or colonial), the responsibilities of States are constrained by national borders. Even though the wording of international human rights standards suggest a much broader scope of application, obligations that extend beyond this domestic sphere have been largely understood or interpreted in residual, minimalistic or moral terms, if at all. This is particularly evident in mainstream political philosophy, international legal jurisprudence and most constitutional bills of rights. Despite its ascendance, this Westphalian territorial framing of rights is a paradigm under strain. As Amartya Sen commented, there are “few non-non-neighbours left in the world today” because we are “increasingly linked not only by our mutual economic, social and political relations, but also by vaguely shared but far-reaching concerns about injustice and inhumanity”. The capacity of States and other actors to impact human rights far from home, whether positively or negatively, is impressive. Most notable has been the rise of trade and investment regimes, international aid policies, global military operations and global finance, together with ever-speedier and comprehensive transport and telecommunications. The result is that the world is a smaller place – the State has lost its omnipresence.</p>}},
author = {{Langford, Malcolm and Vandenhole, Wouter and Scheinin, Martin and Van Genugten, Willem}},
booktitle = {{Global Justice, State Duties : The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law}},
editor = {{Langford, Malcolm and Vandenhole, Wouter and Schenin, Martin and Genutgen, Willem van}},
isbn = {{9781107012776}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
pages = {{3--31}},
publisher = {{Cambridge University Press}},
title = {{Introduction : An emerging field}},
url = {{http://dx.doi.org/10.1017/CBO9781139002974.003}},
doi = {{10.1017/CBO9781139002974.003}},
year = {{2012}},
}