THE DEMOCRATIC LIMITS OF INTERNATIONAL HUMAN RIGHTS LAW

McGinnis argues that international law should not be applied against US officials or others in the US except when Congress has made it part of our law by either treaty or statute. Our structure for creating norms applied to Americans is better than the structure for creating international norms. Far...

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Bibliographic Details
Published in:Harvard journal of law and public policy 2022-01, Vol.45 (1), p.55-67
Main Author: McGinnis, John O
Format: Article
Language:English
Subjects:
Accountability
Constitutional law
Democracy
Human rights
International courts
International law
Laws, regulations and rules
Legislatures
Morality
Nation states
Norms
Political aspects
Social aspects
Treaties
Treaties ratification
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Summary:McGinnis argues that international law should not be applied against US officials or others in the US except when Congress has made it part of our law by either treaty or statute. Our structure for creating norms applied to Americans is better than the structure for creating international norms. Far from harming the cause of international human rights, this limitation to their application will advance it.
ISSN:0193-4872
2374-6572