[ARTICLE_2017] Beyond the Text (archived version).pdf (1.24 MB)
Beyond the text: ‘Global’ SOGI rights movement versus ‘International’ human rights law
journal contribution
posted on 2023-06-09, 15:08 authored by Po-Han LeeUnder international human rights law, multilateral state-centric treaties, agreed upon and acceded to by states that are represented by their governments, are greatly relied on as the most significant instruments in dealing with, paradoxically, the relationship between governments and individuals. Regarding treaty interpretation, international lawyers are traditionally restricted by the rules provided in the Vienna Convention on the Law of Treaties. This article however argues for a cosmopolitan perspective to replace international legal positivism to qualify the primary purpose of contemporary human rights norms. The former views the world as a global community accommodating inter-cultural diversities rather than an anarchic non-community of inter-national sovereignties. Such a contention sustains especially when it comes to a social transformation that occurs transnationally, from the bottom up, such as the global SOGI rights and justice social movement. Through a case study of the development of ‘equality and non-discrimination clause’ of the International Bill of Human Rights, I argue for the potential of such constructivism to reframe the rights of being human, out of its specialties in resisting state power, as adaptable to the changing social realities.
History
Publication status
- Published
File Version
- Accepted version
Journal
Taiwan International Law QuarterlyISSN
1818-4185Publisher
Taiwanese Society of International LawIssue
2Volume
14Page range
39-70Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-09-18First Open Access (FOA) Date
2018-09-18First Compliant Deposit (FCD) Date
2018-09-18Usage metrics
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