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3 Development of the Current System of International Protection 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, 2022. All Rights Reserved.date: 14 August 2022

Subject(s):
Customary international law — Soft law — Peremptory norms / ius cogens — Humanitarian intervention — Regional organizations
The serious will to establish a viable international regime of effective protection of human rights had to first go through a process of reflection. At the outset, the final goal of that journey could not be foreseen. Three steps have to be taken on the road from Utopia—in the positive sense—to legal positivism.1 First of all, candidates for human rights must be identified. Those who have the power to initiate a process of norm creation at the international level must agree on which wishes and desires are suitable for being translated into legal substance. There...
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