Chaos, Oppression, and Rebellion: The Use of Self-Help to Secure Individual Rights under International Law
![handle is hein.journals/builj12 and id is 261 raw text is: CHAOS, OPPRESSION, AND REBELLION:
THE USE OF SELF-HELP TO SECURE
INDIVIDUAL RIGHTS UNDER
INTERNATIONAL LAW
Rachael E. Schwartz*
The great objection to the state of nature is that, while it persists,
every man is the judge in his own cause, since he must rely upon him-
self for the defence of his rights.1
[W]hat the oppressors call subversion is the exposure of the rot in the
State. ,2
If men cannot refer to a common value, recognized by all as existing
in each one, then man is incomprehensible to man. The rebel
demands that this value should be clearly recognized in himself
because he knows or suspects that, without this principle, crime and
disorder would reign throughout the world. An act of rebellion on his
part seems like a demand for clarity and unity. The most elementary
form of rebellion, paradoxically, expresses an aspiration to order.'
TABLE OF CONTENTS
I. INTRODUCTION ............................................ 255
II. BASIC INDIVIDUAL RIGMHTs UNDER INTERNATIONAL LAW ... 260
III. REMEDMS FOR VIOLATIONS OF RIGHTS CREATED BY
INTERNATIONAL LAW ........................................ 264
A. Scenario One ............................................ 269
B. Scenario Two ............................................ 269
C. Scenario Three ........................................... 269
IV. UNITED STATES LAW DocTRINF-s OF SELF-HELP ............ 270
A. Introduction ............................................. 270
* LL.M. (International Law) expected 1995 and LL.M. (Corporation Law) 1992,
New York University School of Law; J.D. 1981 Georgetown University Law Center;
B.A. (Political Science) 1978, Johns Hopkins University. The Author is deeply
indebted to Lea Brilmayer for her comments on an early draft of this Article and for
her encouragement.
I BERTRAND RUSSELL, A HISTORY OF WESTERN PHILOSOPHY 626 (1972)
(discussing the political philosophy of John Locke).
2 NADINE GORDIMER, MY SON'S STORY 113 (1990).
3 ALBERT CAMUS, THE REBEL 23 (Vintage Books 1991).](ViewImageLocal?handle=hein.journals/builj12&div=14&collection=&method=preview&ext=.png&size=3)
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Chaos, Oppression, and Rebellion: The Use of Self-Help to Secure Individual Rights under International Law
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