GP- Human Rights & Environmental global governance: Human Rights

Question 1

Q: What happened in 1948 regarding human rights?

Answer 1

A: The United Nations issued the Universal Declaration of Human Rights.

Question 2

Q: What does the Universal Declaration of Human Rights say?

Answer 2

A: It states that human rights should apply to all human beings equally, regardless of the nation state in which they live.

Question 3

Q: Is the Universal Declaration of Human Rights legally binding?

Answer 3

A: No, it is not binding in international law.

Question 4

Q: What does the Universal Declaration of Human Rights provide?

Answer 4

A: A powerful statement of intent to uphold and promote “the equal and inalienable rights of all members of the human family.”

Question 5

Q: What are human rights (according to the text)?

Answer 5

A: All human beings, regardless of race, nationality, gender, age, religion and sexual orientation, are entitled to freedoms that should be protected and respected by those in power, for example the right to free speech and freedom from torture.

Question 6

Q: What does effective human rights global governance depend on?

Answer 6

A:
* An explicit statement in international law of what human rights are.
* The readiness of nation states to uphold and protect human rights, as they have the most power and authority in global politics.
* International and regional courts being prepared to condemn nation states if they act in defiance of international human rights law.
* The willingness of other states to intervene with force when significant and extensive human rights abuses are occurring. This is known as humanitarian intervention.

Question 7

Q: What are the two types of human rights covered in international law?

Answer 7

A: Political and civil rights, and economic and social rights.

Question 8

Q: What are political and civil rights also known as?

Answer 8

A: ‘Negative freedoms’ or ‘freedoms from’.

Question 9

Q: What do political and civil rights protect people from?

Answer 9

A: Unnecessary interference from government.

Question 10

Q: Give examples of political and civil rights.

Answer 10

A: Freedom of speech, freedom from torture and the right to a fair trial.

Question 11

Q: What are economic and social rights also known as?

Answer 11

A: ‘Positive freedoms’ or ‘freedoms to’.

Question 12

Q: What do economic and social rights allow people to do?

Answer 12

A: Flourish and develop.

Question 13

Q: Give examples of economic and social rights.

Answer 13

A: The right to education and the right to healthcare.

Question 14

Q: How does international human rights law compare to domestic law?

Answer 14

A: International human rights law lacks the same enforcement power as the domestic law of nation states.

Question 15

Q: Why is international law often known as ‘soft law’?

Answer 15

A: Because nation states have considerable protection from enforcement.

Question 16

Q: What is international law (according to the text)?

Answer 16

A: The rules that govern relations between states.

Question 17

Q: What are examples of international law (according to the text)?

Answer 17

A: International treaties (such as the North Atlantic Treaty), human rights agreements (such as the UN Human Rights Covenants) and UN Security Council Resolutions.

Question 18

Q: What happened in December 1948 regarding genocide?

Answer 18

A: The UN General Assembly adopted its first convention, making genocide a crime and requiring signatories to prohibit it.

Question 19

Q: What happened in 1950 in Europe regarding human rights?

Answer 19

A: The Council of Europe agreed the European Convention on Human Rights.

Question 20

Q: When did the European Court of Human Rights open?

Answer 20

A: 1959.

Question 21

Q: What do the Economic, Social and Cultural Rights Covenant and the International Covenant on Civil and Political Rights do?

Answer 21

A: They develop the Universal Declaration of Human Rights to include positive rights and require signatories to protect the rights enshrined in the treaties.

Question 22

Q: What happened in 1979 regarding women’s rights?

Answer 22

A: The UN Convention on the Elimination of Forms of Discrimination against Women was signed.

Question 23

Q: What happened in 1984 regarding torture?

Answer 23

A: The UN Convention on Torture was signed.

Question 24

Q: What happened in 1989 regarding children’s rights?

Answer 24

A: The UN Convention on the Rights of the Child was signed.

Question 25

Q: What happened in 1990 regarding migrant workers?

Answer 25

A: The UN Convention on the Protection of Migrants and their Families was signed.

Question 26

Q: What happened in 1993 regarding human rights?

Answer 26

A: The Office of the High Commissioner for Human Rights was created.

Question 27

Q: What happened in 2002 regarding international justice?

Answer 27

A: The International Criminal Court was established.

Question 28

Q: What is the International Court of Justice (ICJ)?

Answer 28

A: The UN's primary judicial branch, established in 1945, which delivers judgments on international law disputes between states.

Question 29

Q: What types of cases can the ICJ hear?

Answer 29

A: "Contentious cases" (at the request of states) and "advisory opinions" (at the request of the UN General Assembly or Security Council).

Question 30

Q: Are ICJ judgments in "contentious cases" binding?

Answer 30

A: Yes.

Question 31

Q: Are ICJ "advisory opinions" binding?

Answer 31

A: No.

Question 32

Q: Does the ICJ prosecute individuals?

Answer 32

A: No, that is the remit of the International Criminal Court (ICC).

Question 33

Q: What is the European Court of Human Rights (ECtHR)?

Answer 33

A: A court established in 1953 by the Council of Europe, opened in 1959, which enforces the European Convention on Human Rights.

Question 34

Q: Are ECtHR decisions binding on member states?

Answer 34

A: Yes.

Question 35

Q: How does the ECtHR pursue states that do not comply with its rulings?

Answer 35

A: By a process of political negotiation through its Committee of Ministers.

Question 36

Q: What are international tribunals?

Answer 36

A: Temporary courts established by specific UN Security Council resolutions to investigate war crimes in specific conflicts.

Question 37

Q: What conflicts have international tribunals investigated?

Answer 37

A: The former Yugoslavia, Rwanda, Sierra Leone, and Cambodia.

Question 38

Q: What is the International Criminal Court (ICC)?

Answer 38

A: A permanent international court, established in 2002 to investigate and judge those accused of crimes against humanity, war crimes, and genocide.

Question 39

Q: What states are subject to ICC jurisdiction?

Answer 39

A: The 123 states (2023) which have signed the Rome Statute.

Question 40

Q: Can the UNSC authorize ICC investigations into states that have not signed the Rome Statute?

Answer 40

A: Yes, but this has happened only once, in relation to Libya.

Question 41

Q: What is humanitarian intervention?

Answer 41

A: The use of military force to prevent or alleviate human suffering where human rights abuses are occurring.

Question 42

Q: What is the justification for humanitarian intervention?

Answer 42

A: When a state is no longer willing or able to protect its civilians from human rights abuses, then other nation states have a moral obligation to intervene.

Question 43

Q: Who authorizes humanitarian interventions?

Answer 43

A: The UNSC.

Question 44

Q: What are some examples of humanitarian interventions?

Answer 44

A: Somalia, Rwanda, Bosnia, Kosovo, East Timor, Sierra Leone, and Libya.

Question 45

Q: What is the "Responsibility to Protect" doctrine?

Answer 45

A: It states that nation states have a responsibility to protect their own citizens from human rights abuses, and that other states have a duty to intervene when these rights are not being observed.

Question 46

Q: What are some limitations of humanitarian intervention?

Answer 46

A: Nation states prioritize their own national interests, states are reluctant to put their own armed forces in danger, many abuses occur during civil wars, humanitarian intervention may result in governments being overthrown, and there are claims of Western double standards.

Question 47

Q: What are some alternative actions to humanitarian intervention?

Answer 47

A: Economic sanctions and expulsion from IGOs or informal forums.

Question 48

Q: What are some arguments for humanitarian intervention?

Answer 48

A: It can be successful when it has international legitimacy, sufficient force is deployed, and there is a strong mandate; it demonstrates that there can be such a thing as an international community; and it sends a powerful message to would-be abusers.

Question 49

Q: What are some arguments against humanitarian intervention?

Answer 49

A: It can be poorly planned and insufficiently resourced, contributing to long-term instability; it undermines the Westphalian principles of inviolable state sovereignty.

Question 50

Q: What are some arguments that state sovereignty is the biggest obstacle to effective human rights global governance?

Answer 50

A: States can choose whether to sign up to international laws and courts, and powerful states can abuse human rights and withstand international pressure.

Question 51

Q: What are some arguments that state sovereignty is NOT the biggest obstacle to effective human rights global governance?

Answer 51

A: Many states do sign up to international laws and courts, and humanitarian intervention can overcome the obstacle of state sovereignty with military force.