Das Recht des Staates auf zivilen Ungehorsam

Are states allowed to violate international law when compliance would lead to human rights violations? In the national context, civil disobedience had a crucial role for the fight against unjust law and the establishment of human rights. Citizens violating unjust laws have achieved many fundamental rights. In addition, international law does not lead by itself to more global justice. Some parts of it contribute by contrary to systematic human rights violations. Because of that Gerald Neubauer argues for a right of states to civil disobedience, based on a human rights approach. He develops criteria to identify cases of legitimate state civil disobedience in international politics. Analysing conflicts between international economic law and social human rights he demonstrates how civil disobedience contributes to the advancement of international law.