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Part 1 Delimitation of the Problem, Four The Global Constitutive Process of Authoritative Decision

From: Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition)

Myres S. McDougal, Harold D. Lasswell, Lung-chu Chen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 September 2021

Access to justice — International procedural law

This chapter examines the emergence and continuing development of a global constitutive process of authoritative decision and its significance for the protection of human rights. It first considers the major features of contemporary constitutive process, namely: participation, nation-states, international governmental organizations, political parties, pressure groups, private associations, and the individual. It then explores the perspectives of the effective elites of the world, which infuse the global processes of authoritative and controlling decision, before discussing the diplomatic, parliamentary, diplomatic–parliamentary, adjudicative, and executive arenas in which all the effective participants in world power process interact. It also analyzes the base values for influencing decision, as well as the strategies employed in global constitutive process and the outcomes of such process. Finally, it describes the global bill of rights that is emerging from the different human rights prescriptions.

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