Lecture 6 International Law and Human Rights

Question 1

monism

Answer 1

international law directly applicable, considered one body of law next to domestic law

Question 2

dualism

Answer 2

international law is seen as a different body of law, rules of international law have to be transformed into domestic law

Question 3

intergovernmental organizations (IGO)

Answer 3

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.

Question 4

implied powers

Answer 4

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.

Question 5

UN general Assembly

Answer 5

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.

Question 6

UN committees

Answer 6

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.

Question 7

UN specialized agencies

Answer 7

• World Health Organization
• unesco
• international labour organization
• world bank
• ITU

Question 8

International Court of Justice

Answer 8

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.

Question 9

UN Security Council

Answer 9

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.

Question 10

Sources of International Law

Answer 10

1. International conventions
2. International custom
3. General principles of law
4. Judicial decisions and the teachings of the highest qualified publicists of the various nations

Question 11

characteristics of international law

Answer 11

• less developed compared to national systems
• many fields are not yet regulated
• no central legislator, judiciary or enforcement system
• non-binding

Question 12

responsibility to protect

Answer 12

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.

Question 13

human rights

Answer 13

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.

Question 14

absolute vs relative human rights

Answer 14

absolute human rights: cannot under any circumstance be limited
relative human rights: can in certain situations be limited

Question 15

negative or liberty rights

Answer 15

require the state NOT to torture and NOT to censor anyone.

Question 16

positive or welfare rights

Answer 16

demanding state action, like providing healthcare.

Question 17

duty to respect

Answer 17

state must respect everyone’s human rights and thus cannot take action to violate these rights

Question 18

duty to protect

Answer 18

state must take action to ensure that no third party violates the human rights of another individual

Question 19

duty to fulfill

Answer 19

state must take action in order to ensure that everyone can enjoy a right that they are not currently enjoying

Question 20

cluster 1: Rights to the Integrity of the Person

Answer 20

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

Question 21

cluster 2: Freedom Rights

Answer 21

creates a sphere of autonomy where the state cannot interfere. essential for a free society but still a relative right.

Question 22

cluster 3: Political rights

Answer 22

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.

Question 23

cluster 4: Welfare Rights

Answer 23

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.

Question 24

cluster 5: Equality and Nondiscrimination provisions

Answer 24

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.

Question 25

cluster 6: Fair Trial and Administration of Justice

Answer 25

Includes the right to a fair trial, an effective remedy, and specific requirements for court trials concerning time frame, right to defense, etc.