This book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law. It particularly exposes the oscillations between generalist and exceptionalist claims made in international human rights law for the sake of expanding its scope. Reviewing several contemporary controversies on international human rights law, it sheds lights on the possible drivers behind such expansionist discursivity.
Işıl Aral is Assistant Professor of Public International Law at Koç University. Her research focuses on international legal theory and international human rights law. Her monograph 'International Law as a Set of Narratives' will be published by Cambridge University Press.
Jean d’Aspremont is Professor of International Law at Sciences Po School of Law and at the University of Manchester. He is General Editor of Cambridge Studies in International and Comparative Law.
Expansionism in International Human Rights Law Işıl Aral and Jean d’Aspremont
Abstract Keywords
Introduction
1 The Expansionist Discursivity of International Human Rights Law
2 International Human Rights Law as an Expansionist Discourse
3 Oscillation between Generalism and Exceptionalism
4 The Wide Range of Expansionist Uses of the Sources of International Human Rights Law
5 Possible Drivers of Expansionism in International Human Rights Law
Bibliography
Academics working on public international law, international human rights law, and in particular human rights theory. It is also relevant to any practitionner involved in international human rights litigation. It can be of interest for graduate students.