- 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 development of positive and negative obligations in international human rights law. It analyses the textual bases and jurisprudence regarding these obligations and considers the issue of due diligence standard of care. It discusses how due diligence emerged alongside and as the standard for judging state compliance with positive obligations to ensure or secure guaranteed human rights and predicts that positive obligations, negative obligations and due diligence may further develop into effective and detailed legal standards that protect individuals from human rights violations, whether committed by state or non-state actors.
Dinah Shelton is the Manatt/Ahn Professor Emeritus at the George Washington University Law School. She previously taught international law and was Director of the doctoral program in international human rights law at the University of Notre Dame Law School (1996–2004). She served as a member of the Inter-American Human Rights Commission (2010–2014) and in 2010 she was President of the Commission. Professor Shelton is the author of three prize-winning books, Protecting Human Rights in the Americas (Engel 1982) (co-authored with Thomas Buergenthal), Remedies in International Human Rights Law (2nd edn, OUP 2006), and the three-volume Encyclopedia of Genocide and Crimes against Humanity (Macmillan 2004). She has also authored other articles and books on international law, human rights law, and international environmental law. Professor Shelton is a member of the board of editors of the American Journal of International Law (Macmillan 2004). She has served as a legal consultant to international organizations and is on the board of numerous human rights and environmental organizations. In 2006, Professor Shelton was awarded the Elisabeth Haub Prize for Environmental Law and in 2013 she received the Goler Butcher Prize in Human Rights; she was conferred the degree of doctor honoris causa at the University of Stockholm in 2012.
Ariel Gould is a graduate student in a joint degree program at the George Washington University Law School and the Elliott School of International Affairs. She expects to receive a JD in law and an MA in Latin American and Hemispheric Studies in May 2014. She received a BA in International Studies and a BA in Spanish from the University of North Carolina at Chapel Hill in 2010. Her main area of focus is the protection of human rights in the Americas.
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