global governance - human rights Flashcards
what is the significance of the UN UDHR
as it provides a global standard of human rights protection on which the record of nation state can be judged
Why and with what purpose was the ICC established
2002, to try cases involving crimes against humanity, genocide and war crimes when national courts fail to take appropriate action
How does the European Convention on Human Rights connect to the European Court of Human Rights
The ECtHR is the Supreme Court to which cases involving the ECHR can be taken
Why and with what purpose was the ICJ established
1945, to resolve peacefully disputes involving UN member states
TWE can the ICJ be claimed a successful organisation
It has successful arbitrated cases involving nation states.
HOWEVER, states frequently ignore its judgements if they conflict with national self interest - therefore not established universal respect for international law
Is it fair to say that the failures of ICC outweigh its successes
Even though it has successfully prosecuted several notorious cases, powerful nations ignore its jurisdiction and its focus on Africa has led to damaging claims of neo-colonialism.
In what ways does state sovereignty challenge the effectiveness of int courts and tribunals
national states don’t have to acknowledge a supranational authority outside of their borders, this limits jurisdiction of int courts over independent sovereign states
what is the difference between a universalist and cultural relativist approach to human rights
universalist - all human beings possess equal human rights, derived from ‘common humanity’
CR - different cultures determine the nature of peoples human rights
why are realists sceptical of attempts to establish a global standard of human rights protection
realists believe state sovereignty ensures global peace and stability, so, attempts to establish a global standard of human rights protection encourages instability through infringing on ones state sovereignty.
explain why liberals believe that human rights abuses should not be tolerated by the international community
as they believe in shared humanity and that there is an obligation to save strangers where human rights are violated
why do some nation states support a liberal approach to global human rights protection more than others
as western states have adopted a liberal interventionist approach to HR protection as they are influenced by enlightenment principles of Individual rights.
human intervention is unjustifiable to nation states who adhere to the Westphalian principles of state sovereignty
is it fair to state that the ongoing importance of state sovereignty makes it impossible to establish a supranational standard of human rights protection
although Westphalian principles of national sovereignty challenge the ability of int courts to protect HR, progress is possible if nation states are prepared to voluntarily limit sovereignty
in what ways is there a clash between universal human rights and state sovereignty
as nation states claim that they determine the rights which their citizens possess and that even if they are accused of abusing them, they are protected from the outside interference by their own sovereignty
have human rights become better protected since end of cold war 1991
Yes - ICC AND UNRP established, HOWEVER - failed humanitarians interventions and the rise of China have marginalised against human rights protection
why did humanitarian interventions increase during 1990s (3)
as the absence of superpower rivalry and arms race enabled western powers to focus on human rights protection,
the threat of increasing regional instability also encouraged them to intervene in conflict zones like bosnia
advances in global communications made human rights abuses more difficult to hide = humanitarian response required
why did NATO intervene in Bosnia -1995 and Kosovo - 1999
due to significant human rights abuses occurring and threatening Europes stability
what is the significance of Tony blairs Chicago speech 1999
as it established the principle of a liberal rules based international order based on the primacy of human rights protection
what is nation building and how does it encourage a successful humanitarian intervention
- the rebuilding of a nation state after a humanitarian intervention creating the necessary conditions fro stability, security and RoL being re established.
- without it progress is impossible
why do you think the us intervention in Somalia 1992, was so much less successful than NATO in Bosnia 1995
as Somalia was a FAILED STATE where was no legitimate government for the American’s to support. Whereas, Bosnia had recognisable political structures which enabled reconstruction by NATO. This allowed for greater commitment to nation building.
do you think that international intervention in Myanmar on behalf of the Rohingya muslims could ever be justified
Yes due to R2P
HOWEVER, western success in remote and unstable country = unlikely. strong links with china could provoke a wider conflict undermining case for intervention
why did humanitarian intervention in Libya go so wrong
Due to the lack of commitment to nation building following overthrow of Gadafi regime led to collapse of Libya as rival groups were in a power struggle
does the fact that western powers are currently the only ones to launch humanitarian interventions undermine their legitimacy
- west have no right to intervene with sov nation states, selective intervention is hypocritical
-HOWEVER, western powers have a strong record of HR protection and most likely to uphold UNR2P, justifying their leadership
under what circumstance does unr2p claim that the international community may intervene within a sovereign nation state
if genocide/ war crimes and crimes against humanity are occurring and the country involved is unwilling to stop them
why do liberals and realists regard unr2p so differently
liberals - unr2p represent vital principle of sanctity of human life > state sovereignty
realists - no legitimacy as the nation state is sovereign
