self-determination

Question 1

self-determination

Answer 1

the right of people to decide their political status without interference from outside and freely pursue their economic, social and cultural developement (Friendly Relations Declaration 1970)

Question 2

principle of uti possidetis

Answer 2

newly independent states should retain the borders they had as administrative units under the previous sovereign power.

Question 3

requirements for lawful derogation in national emergencies

Answer 3

1. strictly required by the exigencies of the situation:
   → principle of neccessity and proportionality
2. the measures cannot be inconsistent with customary law: cannot violate ius cogens!
3. cannot affect non-derogable rights
4. international notification of treaty depositary

Question 4

limitation clauses (may restrict outside of emergency)

Answer 4

1. must be based on law → principle of legality & legal basis must be sufficiently and clearly accessible → foreseeability
2. must serve a legitimate aim eg. national security, public safety, public health
3. neccessary, responding to a pressing public need, and is proportionate for this aim

Question 5

monitoring enforcement of human rights

Answer 5

state report: states must periodically report on implementing their obligations, typical for human rights treaty bodies eg. Universal Periodic Reviews (UN Human Rights Council)

individual or state complaint by human rights treaty bodies: only possible if State accused has consents to this procedure, and the findings are non-binding, but their implementation is still required due to binding effect of treaties.

inquiries: allows treaty body to act on it’s own initiative without prior complaint, but only few bodies have this competence (eg. CEDAW, ICESCR). It may include on-site visits, for which state consent is required.

Question 6

examples of multilateral human rights treaties

Answer 6

• Genocide Convention 1948
• Convention on Prohibition of Racial Discrimination 1965
• Anti-Torture Convention 1984
• Convention on Elimination of Discriminaiton against Women 1979 (CEDAW)
• Convention on Children’s Rights 1989
• Convention on Persons with Disabilities 2006

Question 7

regional human rights courts

Answer 7

• European Court of Human Rights
• Inter-American Court of Human Rights
• African Court on Human and Peoples’ Rights

Question 8

obligations of states

Answer 8

— “obligation to respect”: the state must not interfere

— “obligation to protect”: the state must protect against interferences of third parties

— “obligation to fulfill”: the state must establish the conditions for enjoyment

Question 9

two human rights convenants

Answer 9

— Art. 1 of International Covenent on Civil and Political Rights (1966) (ICCPR)
— Art. 1 of International Covenant on Economic, Social and Cultural Rights (1966) (ICESCR)

Question 10

International Bill of Rights

Answer 10

International Bill of Human Rights: Universal Declaration of Human Rights 1948 + ICESCR, ICCPR

Question 11

Universal Declaration of Human Rights (1948)

Answer 11

→ contains thirty provision listing fundamental human rights
→ although non-binding, some provisions have significant authority and some of the rights now reflect customary law
→ it has been codified and developed in ICESCR and ICCPR (1966)

Question 12

external self-determination

Answer 12

to declare itself independent and found their own state

— must be exercised in a way that does not affect or destroy a political integrity of the territory or political unity of sovereign states (Friendly Relations Declaration 1970)
→ recognises internal, but not external self-determination

Question 13

internal self-determination

Answer 13

to choose and change political, legal, economic and cultural order freely, without interference from the outside

Question 14

remedial secession

Answer 14

disputed if it is justified in situations where a state suppresses rights of self-determination and violence by the state

Question 15

Vienna Declaration of Human Rights (1993)

Answer 15

all human rights are:
1. universal (apply everywhere to all people),
2. indivisible (civil, political, economic, social and cultural rights are to be granted)
3. interdependent (the first and second generation’s realisation depend on eachother)

Question 16

absolute human rights

Answer 16

rights that cannot be restricted or suspended under any circumstances, even during times of war or national emergency.
eg. prohibition of torture, slavery, apartheid

Question 17

non-derogable human rights

Answer 17

are rights that cannot be suspended or limited during emergencies, but may still be subject to some limitations or restrictions in certain situations. eg. right to life (self-defense)