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‘The literature often portrays a “golden era” of international human rightslaw. There was supposedly an era, between approximately the 1950sand 1980s, where global and regional standards and mechanisms werereadily agreed by States. There has never been such a golden era, everydevelopment was prolonged and strongly contested and this continuesto be so.’Discuss.

Question

‘The literature often portrays a “golden era” of international human rightslaw. There was supposedly an era, between approximately the 1950sand 1980s, where global and regional standards and mechanisms werereadily agreed by States. There has never been such a golden era, everydevelopment was prolonged and strongly contested and this continuesto be so.’Discuss.

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Solution

The statement suggests that the portrayal of a "golden era" of international human rights law between the 1950s and 1980s is a myth. It argues that the development of global and regional standards and mechanisms was never easy or uncontested, but rather a prolonged and strongly contested process. This continues to be the case today.

To discuss this statement, we can break it down into three parts:

  1. The "Golden Era" Myth: The period between the 1950s and 1980s saw significant developments in international human rights law, including the adoption of the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the International Covenant on Economic, Social and Cultural Rights (1966). However, these developments were not without controversy and opposition. For example, the United States did not ratify the International Covenant on Economic, Social and Cultural Rights due to ideological differences with its provisions.

  2. The Prolonged and Contested Development of Standards and Mechanisms: The development of international human rights standards and mechanisms has always been a complex and contested process. This is due to the inherent tension between the universal nature of human rights and the sovereignty of states. States often resist international standards and mechanisms that they perceive as infringing on their sovereignty. This resistance can prolong the development process and lead to compromises that weaken the effectiveness of the standards and mechanisms.

  3. The Ongoing Contestation: The statement suggests that the contestation over international human rights law is not a thing of the past, but continues to this day. This is evident in the ongoing debates over issues such as the right to development, the rights of indigenous peoples, and the responsibility to protect. These debates reflect the continuing tension between the universal nature of human rights and the sovereignty of states.

In conclusion, while the period between the 1950s and 1980s was a significant period in the development of international human rights law, it was not a "golden era" where standards and mechanisms were readily agreed upon by states. The development of international human rights law has always been, and continues to be, a prolonged and contested process.

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