{"title":"人权执法走向以人为本的选择?对Abdullahi An-Na 'im教授的反应","authors":"Nicola Jägers","doi":"10.1163/22112596-02102009","DOIUrl":null,"url":null,"abstract":"The lecture ‘The Spirit of Laws is not Universal: Alternatives to the Enforcement Paradigm for Human Rights’ by Professor Abdullahi An-Na’Im goes to the heart of the human rights predicament. An-Na’Im offers a profound critique of the inadequacy of the current treaty-based state-centric enforcement paradigm and suggest a people-centered alternative, to human rights protection. The alternative proposed remains rather indistinct and raises several questions addressed in this commentary. Human rights enforcement is a much more complex interplay of transnational legal processes than portrayed. It is argued that international human rights law is gradually evolving towards a more complex, multifarious landscape than that of the established, one-dimensional state-centered paradigm. Moreover, agreeing with the need for a paradigm shift away from the state as the conventional duty-bearer it is suggested that this should go beyond political power to include economic power.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":"21 1","pages":"275-283"},"PeriodicalIF":1.7000,"publicationDate":"2016-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22112596-02102009","citationCount":"1","resultStr":"{\"title\":\"Human Rights Enforcement Towards a People-Centered Alternative? A Reaction to Professor Abdullahi An-Na’im\",\"authors\":\"Nicola Jägers\",\"doi\":\"10.1163/22112596-02102009\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The lecture ‘The Spirit of Laws is not Universal: Alternatives to the Enforcement Paradigm for Human Rights’ by Professor Abdullahi An-Na’Im goes to the heart of the human rights predicament. An-Na’Im offers a profound critique of the inadequacy of the current treaty-based state-centric enforcement paradigm and suggest a people-centered alternative, to human rights protection. The alternative proposed remains rather indistinct and raises several questions addressed in this commentary. Human rights enforcement is a much more complex interplay of transnational legal processes than portrayed. It is argued that international human rights law is gradually evolving towards a more complex, multifarious landscape than that of the established, one-dimensional state-centered paradigm. Moreover, agreeing with the need for a paradigm shift away from the state as the conventional duty-bearer it is suggested that this should go beyond political power to include economic power.\",\"PeriodicalId\":38415,\"journal\":{\"name\":\"Tilburg Law Review-Journal of International and Comparative Law\",\"volume\":\"21 1\",\"pages\":\"275-283\"},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2016-10-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1163/22112596-02102009\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Tilburg Law Review-Journal of International and Comparative Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/22112596-02102009\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Tilburg Law Review-Journal of International and Comparative Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/22112596-02102009","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Human Rights Enforcement Towards a People-Centered Alternative? A Reaction to Professor Abdullahi An-Na’im
The lecture ‘The Spirit of Laws is not Universal: Alternatives to the Enforcement Paradigm for Human Rights’ by Professor Abdullahi An-Na’Im goes to the heart of the human rights predicament. An-Na’Im offers a profound critique of the inadequacy of the current treaty-based state-centric enforcement paradigm and suggest a people-centered alternative, to human rights protection. The alternative proposed remains rather indistinct and raises several questions addressed in this commentary. Human rights enforcement is a much more complex interplay of transnational legal processes than portrayed. It is argued that international human rights law is gradually evolving towards a more complex, multifarious landscape than that of the established, one-dimensional state-centered paradigm. Moreover, agreeing with the need for a paradigm shift away from the state as the conventional duty-bearer it is suggested that this should go beyond political power to include economic power.