GP- Human Rights & Environmental global governance: Human Rights Flashcards
Q: What happened in 1948 regarding human rights?
A: The United Nations issued the Universal Declaration of Human Rights.
Q: What does the Universal Declaration of Human Rights say?
A: It states that human rights should apply to all human beings equally, regardless of the nation state in which they live.
Q: Is the Universal Declaration of Human Rights legally binding?
A: No, it is not binding in international law.
Q: What does the Universal Declaration of Human Rights provide?
A: A powerful statement of intent to uphold and promote “the equal and inalienable rights of all members of the human family.”
Q: What are human rights (according to the text)?
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.
Q: What does effective human rights global governance depend on?
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.
Q: What are the two types of human rights covered in international law?
A: Political and civil rights, and economic and social rights.
Q: What are political and civil rights also known as?
A: ‘Negative freedoms’ or ‘freedoms from’.
Q: What do political and civil rights protect people from?
A: Unnecessary interference from government.
Q: Give examples of political and civil rights.
A: Freedom of speech, freedom from torture and the right to a fair trial.
Q: What are economic and social rights also known as?
A: ‘Positive freedoms’ or ‘freedoms to’.
Q: What do economic and social rights allow people to do?
A: Flourish and develop.
Q: Give examples of economic and social rights.
A: The right to education and the right to healthcare.
Q: How does international human rights law compare to domestic law?
A: International human rights law lacks the same enforcement power as the domestic law of nation states.
Q: Why is international law often known as ‘soft law’?
A: Because nation states have considerable protection from enforcement.
Q: What is international law (according to the text)?
A: The rules that govern relations between states.
Q: What are examples of international law (according to the text)?
A: International treaties (such as the North Atlantic Treaty), human rights agreements (such as the UN Human Rights Covenants) and UN Security Council Resolutions.
Q: What happened in December 1948 regarding genocide?
A: The UN General Assembly adopted its first convention, making genocide a crime and requiring signatories to prohibit it.
Q: What happened in 1950 in Europe regarding human rights?
A: The Council of Europe agreed the European Convention on Human Rights.
Q: When did the European Court of Human Rights open?
A: 1959.
Q: What do the Economic, Social and Cultural Rights Covenant and the International Covenant on Civil and Political Rights do?
A: They develop the Universal Declaration of Human Rights to include positive rights and require signatories to protect the rights enshrined in the treaties.
Q: What happened in 1979 regarding women’s rights?
A: The UN Convention on the Elimination of Forms of Discrimination against Women was signed.
Q: What happened in 1984 regarding torture?
A: The UN Convention on Torture was signed.
Q: What happened in 1989 regarding children’s rights?
A: The UN Convention on the Rights of the Child was signed.
Q: What happened in 1990 regarding migrant workers?
A: The UN Convention on the Protection of Migrants and their Families was signed.
Q: What happened in 1993 regarding human rights?
A: The Office of the High Commissioner for Human Rights was created.
Q: What happened in 2002 regarding international justice?
A: The International Criminal Court was established.
Q: What is the International Court of Justice (ICJ)?
A: The UN’s primary judicial branch, established in 1945, which delivers judgments on international law disputes between states.
Q: What types of cases can the ICJ hear?
A: “Contentious cases” (at the request of states) and “advisory opinions” (at the request of the UN General Assembly or Security Council).
Q: Are ICJ judgments in “contentious cases” binding?
A: Yes.
Q: Are ICJ “advisory opinions” binding?
A: No.
Q: Does the ICJ prosecute individuals?
A: No, that is the remit of the International Criminal Court (ICC).
Q: What is the European Court of Human Rights (ECtHR)?
A: A court established in 1953 by the Council of Europe, opened in 1959, which enforces the European Convention on Human Rights.
Q: Are ECtHR decisions binding on member states?
A: Yes.
Q: How does the ECtHR pursue states that do not comply with its rulings?
A: By a process of political negotiation through its Committee of Ministers.
Q: What are international tribunals?
A: Temporary courts established by specific UN Security Council resolutions to investigate war crimes in specific conflicts.
Q: What conflicts have international tribunals investigated?
A: The former Yugoslavia, Rwanda, Sierra Leone, and Cambodia.
Q: What is the International Criminal Court (ICC)?
A: A permanent international court, established in 2002 to investigate and judge those accused of crimes against humanity, war crimes, and genocide.
Q: What states are subject to ICC jurisdiction?
A: The 123 states (2023) which have signed the Rome Statute.
Q: Can the UNSC authorize ICC investigations into states that have not signed the Rome Statute?
A: Yes, but this has happened only once, in relation to Libya.
Q: What is humanitarian intervention?
A: The use of military force to prevent or alleviate human suffering where human rights abuses are occurring.
Q: What is the justification for humanitarian intervention?
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.
Q: Who authorizes humanitarian interventions?
A: The UNSC.
Q: What are some examples of humanitarian interventions?
A: Somalia, Rwanda, Bosnia, Kosovo, East Timor, Sierra Leone, and Libya.
Q: What is the “Responsibility to Protect” doctrine?
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.
Q: What are some limitations of humanitarian intervention?
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.
Q: What are some alternative actions to humanitarian intervention?
A: Economic sanctions and expulsion from IGOs or informal forums.
Q: What are some arguments for humanitarian intervention?
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.
Q: What are some arguments against humanitarian intervention?
A: It can be poorly planned and insufficiently resourced, contributing to long-term instability; it undermines the Westphalian principles of inviolable state sovereignty.
Q: What are some arguments that state sovereignty is the biggest obstacle to effective human rights global governance?
A: States can choose whether to sign up to international laws and courts, and powerful states can abuse human rights and withstand international pressure.
Q: What are some arguments that state sovereignty is NOT the biggest obstacle to effective human rights global governance?
A: Many states do sign up to international laws and courts, and humanitarian intervention can overcome the obstacle of state sovereignty with military force.
