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Article

Disciplines

International Law

Abstract

Distinguished members of the panel and distinguished guests in the audience. Whenever people consider the relationship of law to such matters as the violation of international human rights, I think there is a tension between what can occur and what ought to occur, what the regulatory force of law is and what, if I can call it this, its aspirational effect is. The first speaker said that if these treaties, documents, and conventions are not enforced, they are not worth anything. Well, I largely agree with that, but not entirely. It seems to me that law, while it fundamentally has its regulatory aspect, either to punish or deter or compensate or achieve related purposes that actually regulate conduct, law also has its aspirational purposes. And those ought not be overlooked even at a time when the regulatory effect seems to be honored more in the breach.

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