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Full-Text Articles in Transnational Law
The European Union's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
The European Union's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
Michigan Journal of International Law
Section I begins by setting out certain provisions added by the Lisbon Treaty requiring the European Union to promote human rights, democracy, and the rule of law in all its “relations with the wider world.” Section II then recounts a recent interpretation of these provisions, which understands them primarily as mandating compliance with international law, and thus largely denies extraterritorial human rights obligations to protect. While the fundamentals of this “compliance” reading are correct, Section III demonstrates that the notion of international law involved here entertains an expansive view of prescriptive jurisdiction, that is, a political institution’s authority to prescribe …
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
Michigan Journal of International Law
The global legal order as we know it today developed largely to accommodate and facilitate the modern state system that arose in the wake of the 1648 Treaty of Westphalia. As a result, international law consists primarily of international agreements1 and customary rules arising out of state practice and recognition.2 States still remain the primary subjects of international law today, but they are increasingly joined by other actors on the global stage, including international organizations and individuals–and the global legal order has struggled to adapt and adjust.