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[ARTICLE_2017] Beyond the Text (archived version).pdf (1.24 MB)

Beyond the text: ‘Global’ SOGI rights movement versus ‘International’ human rights law

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journal contribution
posted on 2023-06-09, 15:08 authored by Po-Han Lee
Under international human rights law, multilateral state-centric treaties, agreed upon and acceded to by states that are represented by their governments, are greatly relied on as the most significant instruments in dealing with, paradoxically, the relationship between governments and individuals. Regarding treaty interpretation, international lawyers are traditionally restricted by the rules provided in the Vienna Convention on the Law of Treaties. This article however argues for a cosmopolitan perspective to replace international legal positivism to qualify the primary purpose of contemporary human rights norms. The former views the world as a global community accommodating inter-cultural diversities rather than an anarchic non-community of inter-national sovereignties. Such a contention sustains especially when it comes to a social transformation that occurs transnationally, from the bottom up, such as the global SOGI rights and justice social movement. Through a case study of the development of ‘equality and non-discrimination clause’ of the International Bill of Human Rights, I argue for the potential of such constructivism to reframe the rights of being human, out of its specialties in resisting state power, as adaptable to the changing social realities.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Taiwan International Law Quarterly

ISSN

1818-4185

Publisher

Taiwanese Society of International Law

Issue

2

Volume

14

Page range

39-70

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-09-18

First Open Access (FOA) Date

2018-09-18

First Compliant Deposit (FCD) Date

2018-09-18

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