Is the Future of International Human Rights Law Transnational?

Abstract

While some authors have outlined the emergence of transnational human rights litigation, to date, the literature does not offer a comprehensive study confronting a “transnational human rights law model” to the international human rights law. This paper suggests that the emergence of the transnational human rights law model can be conceived as a relevant alternative to the classic international human rights law model. The classic human rights model founded on the state-centric paradigm is ill equipped to ensure the access to justice for the majority of the victims of human rights abuses. The paper argues that transnational human rights law may compensate some of these flaws and contributes to build on a valid venue for global justice. Part I of this paper outlines the characteristics of the transnational human rights law model based on transnational litigation cases brought in several countries, mainly in Europe and in the United States of America. Part II tests the viability of that model in confronting it to the classic international human rights law model. The objective of that exercise is to evaluate the complementary or alternative character of this new model in balancing its advantages and disadvantages compared to international human rights law. Finally, Part III engages in a prospective discussion on the future of the transnational human rights law model and the impact of the emergence of such a model on international human rights law.