Uluslararası Hukuk ve İnsan Hakları Hukuku İlişkisine Dair Spinozacı Yaklaşım

This study aims to determine the place of human rights in international law and the relationship between human rights and international law based on other views of Benedictus Spinoza. In Spinoza's time, the concept and doctrine of human rights were almost non-existent compared to the modern era. The philosopher evaluated concepts such as God, nature and rights in his works, and his views on these issues also shaped his understanding of the state and the individual. There is a fundamental difference between individuals and the state in terms of the delegation of powers to a superior sovereign. States give up their powers on an extremely limited scale compared to individuals. There is no room for universal discourses in Spinoza's approach to international law. One by one, all states act in their own self-interest and there is no reason for them to follow universal, moral or metaphysical elements. Therefore, the consensus of states is also unreliable. In the modern period, human rights have become part of international law and are embodied in many elements of international law due to the war and destruction experienced. Contrary to the dominant discourse of the modern period, Spinoza thinks that concepts with universal discourses such as human rights are limited to the sovereignty of states, and thus human rights fall outside the scope of international law.