This book radically reforms the classical paradigm of international law.
It proposes a novel theoretical framework of the 'separation of powers in a globalised democratic society', where both actors and norms are pluralised beyond a unitary and monolithic 'state' and international law as norms of, by, and for 'states'.
The book applies this framework to holistically examine the interactions between human rights treaty organs – the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee – and state organs, including parliaments, courts, administrative organs, and national human rights institutions. The book provides an innovative, original contribution to both the theory and practice of international human rights law.
Offers innovative new theoretical frameworks for understanding the operation of human rights in a globalised democratic society.Muu info
Offers innovative new theoretical frameworks for understanding the operation of human rights in a globalised democratic society.
1. Introduction
2. Situating the Disaggregation of the State in a Broader Context: State
Organs as Compliance Partners, Primary Decision-Makers and Autonomous
Interlocutors
3. Separation of Powers in a Globalised Democratic Society: Two-Tiered
Bounded Deliberative Democracy as a Guiding Theory
4. Assessing Human Rights Treaty Organs Practices under the Separation of
Powers in a Globalised Democratic Society Model
5. Emergence of Inter-State Organ Norms: Their Cooperative Interactions
with Human Rights Treaties under Global Legal Pluralism
6. Conclusion
Hinako Takata is Associate Professor at the Graduate School of International Public Policy, Osaka University, Japan.
