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Taming the states: the American Law Institute and the ‘Statement of essential human rights’

2012; Cambridge University Press; Volume: 7; Issue: 3 Linguagem: Inglês

10.1017/s1740022812000289

1740-0236

Hanne Hagtvedt Vik,

Judicial and Constitutional Studies

Abstract As the Second World War unfolded and became global, intellectuals of various backgrounds turned their minds to the problems of peace. Internal persecution bred external aggression, some believed. States had to be tamed. Such reasoning led the American Law Institute (ALI) to try to draft a globally acceptable bill of rights. Although originating in the USA, the project was essentially a transnational one. The ‘Statement of essential human rights’ became the most elaborate code created up to that point, in both scope and detail. Completed in the early winter of 1944, it was promoted by the Panamanian delegation to the 1945 San Francisco Conference, and used extensively by the UN Commission on Human Rights. Refuting suggestions that human rights originated in the 1970s, the ALI project reveals the great depth of the transnational conversation on human rights during the early 1940s, and even before.