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Regulatory arbitrage in relation to international human rights

Minhat, Marizah, Abdullah, Mazni and Dzolkarnaini, Nazam (2019) Regulatory arbitrage in relation to international human rights. Journal of Human Rights, 18 (5). pp. 579-596. ISSN 1475-4835

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Identification Number: 10.1080/14754835.2019.1647097

Abstract

The adoption of the United Nations (UN) Charter in 1945 marked the legalization of international human rights. Despite the legalized status of human rights, their violation by states is not uncommon. This article questions why a state might violate international human rights. Analyzing this issue from an economic perspective, this article advances regulatory arbitrage theory to rationalize a state’s violation of human rights. It discusses regulatory arbitrage-type behaviors among state actors that derogate from the obligations to respect, protect, and fulfill human rights. Defending state sovereignty, minimizing regulatory or compliance costs, and prioritizing economic achievement are identified as rational arbitrage actions that circumvent international human rights. We call for competent and credible governance mechanisms that can increase the cost of arbitrage, to disincentivize state violation of international human rights.

Item Type: Article
Additional Information: © 2019 The Authors
Divisions: Law
Subjects: K Law > K Law (General)
J Political Science > JA Political science (General)
Date Deposited: 22 Jul 2019 10:36
Last Modified: 28 May 2020 23:11
URI: http://eprints.lse.ac.uk/id/eprint/101212

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