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8 - Conclusions and an Agenda for Reconsideration

from Part II - The Law

Published online by Cambridge University Press:  20 February 2025

Shannonbrooke Murphy
Shannonbrooke Murphy
Affiliation:
St Thomas University
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Summary

This concluding chapter makes an overall case for reinstatement of the right to resist in the human rights lexicon, in light of the preceding evidence and analysis. Reprising the persisting gaps in legal certainty, it summarizes the challenge of its reconsideration as a contemporary legal concept lacking express codification at UN level. It then sets an ‘agenda for reconsideration’, identifying both lex lata and lex ferenda options for clarification. Finally, supporting the contention that it is a potentially enforceable human right, it suggests a basic claims analysis template for applying the law as it stands.

Keywords

lex latalex ferendaclaims analysiscodificationlegal certainty
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Chapter
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The Human Right to Resist in International and Constitutional Law , pp. 283 - 294
Publisher: Cambridge University Press
Print publication year: 2025

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