Lecture 6 International Law and Human Rights Flashcards
monism
international law directly applicable, considered one body of law next to domestic law
dualism
international law is seen as a different body of law, rules of international law have to be transformed into domestic law
intergovernmental organizations (IGO)
refers to organizations in which states are members. Competences of IGOs are based on the principle of attribution to power, meaning they can only exercise the powers granted to them.
implied powers
IGOs may exercise the powers that are necessary to achieve the organization’s objectives even when these powers have not been specifically spelled out in the founding documents. As long as action is necessary to achieve an outcome, it may be carried out.
UN general Assembly
An assembly consisting of representatives of the 193 member states. Each member state has 1 vote, regardless of size, population, or economic power.
The UN does not have the legislative power to pass laws.
UN committees
The UN has established committees as forums for discussions and to provide studies on a variety of topics, with official languages Arabic, Chinese, English, French, Russian and Spanish.
UN specialized agencies
- World Health Organization
- unesco
- international labour organization
- world bank
- ITU
International Court of Justice
Seated in Den Haag. Settles disputes between states in accordance with international law; it is not empowered to settle disputes between non-state actors. Unlike domestic courts, the International Court of Justice does not have automatic jurisdiction. It can only settle disputes if the states concerned accept the Court’s jurisdiction.
UN Security Council
Focuses on security measures and peace around the world. Has 5 permanent members; China, France, Russia, UK and US. They enjoy veto powers. 10 rotating members without veto powers are elected annually by the General Assembly.
Sources of International Law
- International conventions
- International custom
- General principles of law
- Judicial decisions and the teachings of the highest qualified publicists of the various nations
characteristics of international law
- less developed compared to national systems
- many fields are not yet regulated
- no central legislator, judiciary or enforcement system
- non-binding
responsibility to protect
States have the duty to respond at least to serious breaches of international law, to protect people against international crimes, and to protect the human rights of their own citizens. Adopted by the General Assembly in 2005.
human rights
rights the every person has, with as goal to secure for every person certain benefits or freedoms that are of fundamental importance to any human being.
absolute vs relative human rights
absolute human rights: cannot under any circumstance be limited
relative human rights: can in certain situations be limited
negative or liberty rights
require the state NOT to torture and NOT to censor anyone.
positive or welfare rights
demanding state action, like providing healthcare.
duty to respect
state must respect everyone’s human rights and thus cannot take action to violate these rights
duty to protect
state must take action to ensure that no third party violates the human rights of another individual
duty to fulfill
state must take action in order to ensure that everyone can enjoy a right that they are not currently enjoying
cluster 1: Rights to the Integrity of the Person
includes the rights to life and to be free of torture.
- right to life prohibits state from engaging in murder and other arbitrary deprivations of life. relative right
- right to be free from torture prohibits the state from any kind of torture. absolute right
cluster 2: Freedom Rights
creates a sphere of autonomy where the state cannot interfere. essential for a free society but still a relative right.
cluster 3: Political rights
strictly speaking refers to the right to vote in free elections and the right to be voted into office. However, freedom rights can also be considered to have a political dimension.
cluster 4: Welfare Rights
refers to a wide set of provisions that aim to address the problem of poverty. Includes the right to an adequate standard of living, food, water, etc.
This is positive right because the state is required to take action.
cluster 5: Equality and Nondiscrimination provisions
Distinguishes between formal and material equality.
Formal equality: referring to laws being neutral
material equality: aims to ensure that people end up enjoying the same benefits.
cluster 6: Fair Trial and Administration of Justice
Includes the right to a fair trial, an effective remedy, and specific requirements for court trials concerning time frame, right to defense, etc.
