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The Transformation of Human Rights Fact-Finding$
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Philip Alston and Sarah Knuckey

Print publication date: 2016

Print ISBN-13: 9780190239480

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190239480.001.0001

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International Human Rights Fact-Finding Praxis

International Human Rights Fact-Finding Praxis

A TWAIL Perspective

Chapter:
(p.49) 3. International Human Rights Fact-Finding Praxis
Source:
The Transformation of Human Rights Fact-Finding
Author(s):

Obiora Okafor

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190239480.003.0003

This chapter interrogates and assesses international human rights fact-finding (IHRFF) as a form of praxis, and from a critical “third world approaches to international law” (TWAIL) perspective. It inquires as to whether IHRFF suffers from any of the problematic features of general international law praxis that TWAIL scholars and other critical sociolegal theorists have analyzed. If it does, the question then is what a reasonably acceptable form of IHRFF would look like. The chapter undertakes a step-by-step consideration of the available “primary” and secondary evidence, in light of the insights derived from TWAIL literature. It argues that scholars who largely support the human rights movement should maintain sufficient methodological detachment when they analyze the movement.

Keywords:   third world, international law approaches, sociolegal critiques, praxis, human rights movement, methodological detachment

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