{"title":"国际人权法在国内实施的政治","authors":"Deepika Udagama","doi":"10.1163/15718158-01601006","DOIUrl":null,"url":null,"abstract":"Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":"14 1","pages":"104-149"},"PeriodicalIF":0.0000,"publicationDate":"2015-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":"{\"title\":\"The Politics of Domestic Implementation of International Human Rights Law\",\"authors\":\"Deepika Udagama\",\"doi\":\"10.1163/15718158-01601006\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.\",\"PeriodicalId\":35216,\"journal\":{\"name\":\"Asia-Pacific Journal on Human Rights and the Law\",\"volume\":\"14 1\",\"pages\":\"104-149\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2015-10-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asia-Pacific Journal on Human Rights and the Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718158-01601006\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asia-Pacific Journal on Human Rights and the Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718158-01601006","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
The Politics of Domestic Implementation of International Human Rights Law
Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.
期刊介绍:
The Asia-Pacific Journal on Human Rights and the Law is the world’s only law journal offering scholars a forum in which to present comparative, international and national research dealing specifically with issues of law and human rights in the Asia-Pacific region. Neither a lobby group nor tied to any particular ideology, the Asia-Pacific Journal on Human Rights and the Law is a scientific journal dedicated to responding to the need for a periodical publication dealing with the legal challenges of human rights issues in one of the world’s most diverse and dynamic regions.