Resurgent Authoritarianism, Rights, and Legal Change

Abstract

Authoritarian politics and practices are on the upsurge around the globe. This study analyses the paths and processes by which rising authoritarianism might reshape international human rights law. At the international level, authoritarians seek to inhibit international human rights institutions from within. Authoritarian regimes also curtail the domestic accountability mechanisms through which international human rights law can enhance respect for rights. They target three essential categories of rights in order to suppress opposition and retain power: (1) access to independent courts; (2) freedom of expression and the press; and (3) freedom of civil society to organize and participate in public life. However, international human rights norms possess sources of resilience to the extent that they become more fully embedded in a greater variety of domestic contexts.