Final Flashcards
What are human rights?
A right possessed by individuals by virtue of being human
What is the most important statement of human rights?
the 1948 Universal Declaration of Human Rights
Where do the ideas of human rights go back to?
The enlightenment and the founding fathers
What is contained in the 1948 declaration of human rights?
Civil, political, and cultural rights
Why did human rights activists want official treaties after the 1948 agreement?
They wanted something that would be binding
What was the genocide convention?
The first piece of hard human rights law, defines genocide, and gives states clear obligations to respond
Why did many pieces of international human rights legislation get held up after the genocide convention?
Cold war politics
What is contained in the ICCPR?
Life, liberty, equal standing before the law, freedoms of movement, religion, expression, forbids torture, arbitrary arrest, and detention
What generation of human rights is the ICCP?
first
Why did the US refuse to sign the ICCP at first?
The objected to the fact that it was a self-executing treaty, which made many other countries cry fraud
What rights are included in the ICESCR?
The right to living wages, equal pay for equal work, right to unionize, paid parental leave, free primary education
Did the US ever sign the ICESCR?
Yes
Why are human rights controversial?
States don’t have the same interest promoting the same human rights to the same extent, states have an interest supporting rights they already protect, and states may not protect costly rights, don’t want to spend money, competition of ideas (east vs west), internalizes western rights, we don’t agree what human rights are
What are nonderogable rights?
Rights that cannot be suspended for any reason, including public emergencies
What are some nonderogable rights?
Freedom from torture, recognition as a human being, freedom of religion, thought, and peaceful protest
What rights do sanctions almost always support?
Nonderogable rights
Why might states violate human rights?
They face violent or potentially violent opposition or during war or uprising
Why do states sign human rights agreements?
Demonstrate their commitment to democracy, lock in reforms, receive rewards for compliance, and constrain the human rights practices of others
Are human rights treaties effective?
The evidence is mixed
What factors do human rights treaties rely on?
Domestic rule of law, strong domestic courts, large numbers of domestic NGOs
Why has there been a lack of improvement in civil rights?
Most signers are already good democracies, realists: international laws don’t matter, states want to comply, but can’t, want to look good
Why may some human rights agreements be more effective in the long run?
They encourage activists to get involved, NGOs can use agreements to demand better treatment from states, naming and shaming
What is the International Criminal Court?
A permanent court that prosecutes individuals for crimes against humanity, genocide, and war crimes
When is the ICC applicable?
When the accused lives in a state that is a member OR the crime took place in a member state OR crime is so heinous it is referred to the ICC
What are the two ways to constrain states?
Laws and norms
What is law?
A body of rules that binds states and other agents in world politics and is considered to have the status of law
What is customary international law?
Law that develops slowly over time, and gives legal recognition to practices states already do
What are international treaties?
Negotiations by parties of the treaty and ratified
How do international laws vary?
Through obligation, precision, and delegation
What is obligation?
The degree which the law is binding
What is precision?
The degree which obligations are specified
What is delegation?
The degree which authority is delegated to a third party
What is hard law?
Law that is obligatory, precise, and delegates authority to third parties
What is soft law?
Law that is aspirational, ambiguous, and does not delegate much authority
What are transnational actors?
Individuals or organizations who operate across borders, includes TANs, religious organizations, terrorist groups, and MWCs
What are INGOs?
Global nongovernmental organizations made up of private individuals in pursuit of a normative objective
What is a TAN?
A group that believes in the power of norms to change state ideas
What are the goals of TANs?
Change norms, enforce norms, facilitate cooperation, and provide direct services
How do TANs enforce norms?
Naming and shaming and the boomerang model
What is the boomerang model?
When a good state puts pressure on a bad state to enforce a norm