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6 Determinative Legal Parameters of Human Rights

From: Human Rights: Between Idealism and Realism, Third Edition

Christian Tomuschat

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Margin of appreciation — Subsidiarity — Public policy — Extraterritorial application of treaties — Civil and political rights — Economic, social, and cultural rights
The philosophical approach to human rights does not need to address modalities of implementation. However, lawyers must seek to conceive of viable strategies in order to take account of the architecture of the international legal order where the sovereign state, notwithstanding its loss of unrestrained power, still holds a key position. Furthermore, a reality-based conception must be aware of the physical limits of governmental authority. Human rights do not operate in a no man’s land where no obstacles can be found. They are designed to shape societal structures...
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