Human Rights Guarantees of Good Governance

In the contemporary era, the concept of "good governance" has replaced the traditional notion of absolute sovereignty by emphasizing responsibility, transparency, and accountability in relation to human rights. This article, using a descriptive-analytical approach, examines the characteristics of good governance from the perspective of international law and human rights. Findings indicate that states must uphold their international human rights obligations by adhering to the principles of good governance, including the rule of law, citizen participation, and social justice. This shift in perspective has led to a transformation in the concept of sovereignty and strengthened international oversight mechanisms. In the field of international law, as in other areas, good governance is not considered an independent or self-sufficient principle but is instead founded upon other values and principles. Within this field, good governance is based on four key pillars: the rule of law, accountability, participation, and transparency. Although other components of good governance have also been identified in the context of international law, it is in the light of the existence and realization of these four primary components that additional aspects of good governance—such as anti-corruption and effectiveness—can manifest and evolve. This study, written with a descriptive and analytical method, aims to explore the role of good governance in realizing human rights. The results demonstrate that the four components—rule of law, accountability, participation, and transparency—are all intrinsically related to human rights and are universally recognized within the international human rights system. Therefore, the concept of good governance in the realm of international law has been effectively integrated under the umbrella of human rights. Human rights provide a strong legal basis for good governance in international law and have rendered it binding upon the subjects of this legal system. With respect to the possibility of realizing good governance in international law, there is little doubt concerning the feasibility of achieving participation, accountability, and transparency. However, since international law is not entirely independent from politics, the potential for fully establishing the rule of law within this legal system warrants further contemplation. The notion of good governance brings together the values of rule of law, accountability, participation, and transparency under a unified concept, allowing each to contribute its capacities to overcoming the barriers faced by the others.

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Publication Details

Journal
The Encyclopedia of Comparative Jurisprudence and Law
Published
2025-01-01
DOI
https://doi.org/10.61838/jecjl.169
Primary Topic
Human Rights and Development
Type
article
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article

Human Rights Guarantees of Good Governance

Zohreh Nakhaei, Seyed Mehdi Asghari, Behrouz Behboudian
The Encyclopedia of Comparative Jurisprudence and Law
Human Rights and Development
article

Human Rights Guarantees of Good Governance

Zohreh Nakhaei, Seyed Mehdi Asghari, Behrouz Behboudian
article en

Abstract

In the contemporary era, the concept of "good governance" has replaced the traditional notion of absolute sovereignty by emphasizing responsibility, transparency, and accountability in relation to human rights. This article, using a descriptive-analytical approach, examines the characteristics of good governance from the perspective of international law and human rights. Findings indicate that states must uphold their international human rights obligations by adhering to the principles of good governance, including the rule of law, citizen participation, and social justice. This shift in perspective has led to a transformation in the concept of sovereignty and strengthened international oversight mechanisms. In the field of international law, as in other areas, good governance is not considered an independent or self-sufficient principle but is instead founded upon other values and principles. Within this field, good governance is based on four key pillars: the rule of law, accountability, participation, and transparency. Although other components of good governance have also been identified in the context of international law, it is in the light of the existence and realization of these four primary components that additional aspects of good governance—such as anti-corruption and effectiveness—can manifest and evolve. This study, written with a descriptive and analytical method, aims to explore the role of good governance in realizing human rights. The results demonstrate that the four components—rule of law, accountability, participation, and transparency—are all intrinsically related to human rights and are universally recognized within the international human rights system. Therefore, the concept of good governance in the realm of international law has been effectively integrated under the umbrella of human rights. Human rights provide a strong legal basis for good governance in international law and have rendered it binding upon the subjects of this legal system. With respect to the possibility of realizing good governance in international law, there is little doubt concerning the feasibility of achieving participation, accountability, and transparency. However, since international law is not entirely independent from politics, the potential for fully establishing the rule of law within this legal system warrants further contemplation. The notion of good governance brings together the values of rule of law, accountability, participation, and transparency under a unified concept, allowing each to contribute its capacities to overcoming the barriers faced by the others.

The Encyclopedia of Comparative Jurisprudence and LawVol. 3(2)
Openalex Percentile: Top 73%
Human Rights and Development
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