E Pluribus Unum – Bhinneka Tunggal Ika? Universal Human Rights and the Fragmentation of International Law

  • Carlos Iván Fuentes
  • René Provost
  • Samuel G. Walker
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 17)

Abstract

The adoption of the Universal Declaration of Human Rights by the UN General Assembly in 1948 has been presented as a global embrace of human rights, reflecting an international community united in a coherent statement of its aspiration to protect the fundamental rights and freedoms of every individual and, to some extent, groups. The Universal Declaration is now commonly seen as having achieved customary status, and thus to be applicable to every state. To what extent does this signal the existence of a unified human rights regime under international law? Does a finding that the human rights regime is fragmented necessarily lead to the conclusion that it cannot be considered universal? We will argue that universality and unity represent distinct conceptual propositions. A pluralistic understanding of universality, far from an oxymoron, offers a model in which regime fragmentation actually sustains universal values in a manner more effective than a unified regime grounded in nowhere in particular, if not nowhere at all.

Keywords

Supra Note European Convention Universal Declaration International Criminal Tribunal Legal Pluralism 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media Dordrecht 2013

Authors and Affiliations

  • Carlos Iván Fuentes
    • 1
  • René Provost
    • 2
  • Samuel G. Walker
    • 3
  1. 1.Treaty SectionOffice of Legal Affairs, United NationsNew YorkUSA
  2. 2.Faculty of Law, Centre for Human Rights and Legal PluralismMcGill UniversityMontrealCanada
  3. 3.Faculty of LawMcGill UniversityMontrealCanada

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