Judge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.

This article is a personal account of the work of Professor Dugard at the International Law Commission from the point of view of someone who sits next to him in the Commission and has worked with him there for the past six years. It tries to show how his proposals and arguments, especially concerning the topic ‘Diplomatic Protection’, for which he was the Special Rapporteur, greatly directed the debate and led to the approval of innovatory articles such as those concerning refugees, stateless persons, and members of ships' crews and recommendations to governments to take the interests of people injured more seriously. Above all, it tries to show how international law-making processes can be influenced by the determination, the knowledge, and the intelligence of a person whose dedication to the defence of human rights and a fairer world order has been exemplary.

This article considers the work of John Dugard in the field of human rights and international law and the impact thereof on the South African legal landscape. After tracing the importance of Dugard's early work in South Africa in the fields of legal philosophy, human rights, and international law, the article turns to consider the later achievements in Dugard's prestigious career. The author highlights the numerous cases in which Dugard appeared as counsel before the South African courts, and considers the impact that Dugard had on the drafting of the South African Constitution in relation to international law and its use in interpreting the South African Bill of Rights. The final section of the article considers the shameful failure of the South African government to support Dugard in his bid to be appointed as a judge of the International Court of Justice. The author concludes that notwithstanding the fact that the government has not accorded him the recognition he deserves, Dugard's pioneering human rights work continues unabated in his various positions, including in his role as the UN Special Rapporteur on human rights abuses in occupied Palestine.