class 4 Flashcards
what are the 8 human rights characteristics?
1) historicity
2) universality (applicable any place, anytime to anyone)
3)essentiality
4) inalienability (not a commodity)
5) inexhaustibility (never ending)
6) imprescriptibility (previous time set)
7) non- renounciability
8) non-retroactivity (cannot limit the reach)
what is a statute of limtation?
a statute prescribing a period of limitation for the bringing of certain kinds of legal action.
what is the meaning of res nullius
things (related to) nothing
was a legal term for slaves
what is the declaration of arbroath
1320: scotland against Uk and British, suggests freedom over other human rights
how was the early 13th century a historical background for human rights?
philosophical positions and religious beliefs systems
what is the concept of duties?
we do need the idea of how human rights apply to the state. human rights need to be respected by the state, they are imposed
what were the two influential declarations in the 18th century?
US (1776) and 1791 first ten amendments (equivalent to bill of rights)
France (1789) declaration of civil rights
What are the two parts to the Law of the Nations?
a) the passage
b) the duty of care
what is international law?
law outside the traditional sovereignty of the states. two big branches of law, internal law and international law (the standard for relationships among sovereign agents)
what are the two branches of international law?
public: the relationship among sovereign states
private: trade, commerce, and business. main characteristics is what regulates or rules the private subjects outside their sovereignty