Add international courts toThe Idea of Human Rightsand stir … on Beitz’The Idea of Human Rightsafter 10 years

Abstract

These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals ('ICs') prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools of international mechanisms of corrective concern. The account should consider further subsidiary modes of support. On the other hand the theory is too broad, in that it gives insufficient guidance to the judges of ICs and others able to effect changes. This leaves the theory incomplete, and open to similar criticism as the book raiseed against others.Section 1 presents relevant aspects of the theory presented in The Idea of Human Rights. Section 2 gives a brief account of ICs and their roles regarding human rights. Section 3 explores some implications of ICs for The Idea of Human Rights, while section 4 considers how if at all The Idea of Human Rights can guide international judges. Section 5 concludes.