Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective

Abstract

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands its effectiveness. Referring to Langford, this paper uses a critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford's critiques of Mutua and Posner are significant in mediating the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques for three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimise international human rights law as the most recognised general standard to prevent human rights violations against abusive power.