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Title: Order over justice : international human rights norm promotion by Western European states
Author: Casla Salazar, Koldo Andoni
ISNI:       0000 0004 6497 7873
Awarding Body: King's College London
Current Institution: King's College London (University of London)
Date of Award: 2017
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This thesis offers a critical reinterpretation of the reasons why Western European states promote International Human Rights Law (IHRL). The argument is built on contributions from critical legal scholars and the English School of International Relations, and it is presented as an alternative to both normative cosmopolitanism and realist disbelief. The research looks at the systemic or structural constraints inherent to the international legal system, and argues that order trumps justice in Western European states’ promotion of international human rights norms. In essence, IHRL has evolved as a result of a tension between two forces: On the one hand, a European understanding of international society, based on order, the centrality of the state and a minimalist conception of human rights; on the other hand, a civil society and UN-promoted, mostly Western, particularly European and broader conception of human rights, based on justice. Human rights norms emerge and develop when some states’ idea of order meets with advocates’ idea of justice. The thesis is theoretically situated in the milieu between solidarism and pluralism, and claims that when it comes to explaining Western European states’ promotion of IHRL, second-wave English Scholars are right to point out that the world society is not only made out of nation-states. However, these authors are too hasty in raising the profile of global justice as a policy driver in the international system. Methodologically speaking, the thesis applies a critical interpretation of state practice (discourse and action), with a particular focus on Spain and the UK, in relation to four norms at different degrees of settlement: a) the prohibition of torture, b) ecocide, c) justiciability of economic, social and cultural rights, and d) Responsibility to Protect.
Supervisor: Meyer, Christoph ; Webb, Philippa Mahal Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available