Theory and Critique of International Human Rights Law

This course is concerned with the theoretical foundations of the field of international human rights law. In particular, its purpose is to explore the diversity of range of theoretical and methodological approaches to the field. Each seminar is dedicated to go in depth into one of the approaches: legal, moral, historical, TWAIL, feminist, intersectional, anthropological, comparativist, critical and skeptical. The intention is not only to introduce these various approaches but to interrogate the value of approaching the field from a range of theoretical perspectives. As scholars and practitioners in the field, most of our work grapples with the logic and praxis of the field from within—to do with its internal and specific workings as embodied in the text of international treaties, and as evinced in the operation of enforcement institutions (viz. international organisations, treaty bodies, NHRIs, domestic and international courts) and actors including NGOS and activists. But in order to succeed at the internal perspective, this course provides the external/theoretical perspective, helping build an ‘insider-outsider’, or better, ‘subjective-objective’, perspective to IHRL.

Tutor: Dr Atrey