Année
2013
Volume
7
Numéro
2
Page
178
Langue
Anglais
Juridiction
Référence
J.M. WOODS, “Theorizing Peace as a Human Right”, HRILD 2013, nr. 2, 178-236
Résumé
This article seeks to fill the theoretical lacunae with regard to the third generation human right to peace. The author critically examines the place of violence within the development and practice of international law, identifying a ‘violence-asnormative’ paradigm. She posits that the implementation of third generation rights requires a re-thinking of the liberal individualist concept of human personhood and a rejection of positivist influences on rights theory. The article explores the concept of peace as law; and offers proposals for its implementation, grounding the right to peace conceptually, philosophically, normatively, and historically.