- Table of National Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Moral Philosophy
- Biological Foundations of Human Rights
- Sociology of Human Rights
- The Psychological Foundations of Human Rights
- Anthropology and the Grounds of Human Rights
- The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- General Principles and Constitutions as Sources of Human Rights Law
- The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Diplomatic Protection as a Source of Human Rights Law
- Humanitarian Law as a Source of Human Rights Law
- Social Justice, Rights, and Labour
- The Protection of Minorities under the Auspices of the League of Nations
- Human Dignity
- Democracy and the Rule of Law
- The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Core Rights and Obligations
- Jus Cogens and Obligations Erga Omnes
- Positive and Negative Obligations
- From Commission to the Council: Evolution of UN Charter Bodies
- The Role and Impact of Treaty Bodies
- The Role of International Tribunals: Law-Making or Creative Interpretation?
- Universality and the Growth of Regional Systems
- National Implementation and Interpretation
- Roles and Responsibilities of Non-State Actors
- Interpretation of Human Rights Treaties
- Enforcing Human Rights Through Economic Sanctions
- Transnational Litigation: Jurisdiction and Immunities
- The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Trade Law and Investment Law
- Creating and Applying Human Rights Indicators
- What Outcomes for Victims?
- Human Rights Make a Difference: Lessons from Latin America
Abstract and Keywords
This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.
International and Constitutional Law, Humboldt University Berlin
Christian Tomuschat is Professor of International and Constitutional Law at Humboldt University Berlin. He was a member of the Human Rights Committee under the International Covenant on Civil and Political Rights from 1977-1986 and a member (and chairman) of the International Law Commission (1985-1996).
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.