LIBERALIZATION OF INTERNATIONAL HUMAN RIGHTS LAW:AN APPRAISAL OF ENFORCEMENT MECHANISMS

Abstract

In the wake of Arab Spring, subsequent regime changes and humanitarian interventions, the first quarter of 21st century also witnessed yet another phenomenal paradigm shift. The International Human Rights Law regime has, over the years, emerged as a new arena of ideological contestation – resembling a modern day ‘cold war’ between the ‘liberal’ and ‘conservative’/ ‘conformist’ democracies. The United Nations’ Human Rights Bodies which are supposed to, primarily, play a monitory role in persuading the states parties for the compliance of obligations, emanating from the subject treaties, are quite active in universalization of liberal human rights standards. This paper attempts to lay down a critical legal analysis of the mandate and jurisdiction of (UN) charter and treaty based bodies. This analysis also measures as to what an extent these institutions adhere to, and remain, the framework of the fundamental and cardinal principles of International Law and UN Charter itself. The analysis intends to substantiate as to whether the human rights bodies are under a dominant influence of the liberal democracies and only accelerating the universalization of liberal values. Moreover, the study at hand also evaluates as to whether the ongoing Universalist approach is proving to be counter-productive particularly as regards the global south.