Syllabus_Flashcards

Question 1

What are the key principles of international human rights law?

Answer 1

A:
- Universality (all people are entitled)
-Indivisibility (all equal and connected)
- Equality, and Non-discrimination.
- Apply to everyone, regardless of race, gender, or nationality.
- Participation and Inclusion (right to participate and access to information)
- Accountability and Rule of Law (states and duty bearers) must uphold HR

Question 2

Explain the distinction between civil and political rights versus economic, social, and cultural rights. Why is this distinction important in international human rights law?

Answer 2

A: Civil and political rights = individual freedoms and participation in public life (e.g., freedom of speech, voting rights).
- Economic, social, and cultural rights emphasize access to essential needs (e.g., education, healthcare).
- Highlights different state obligations
- immediate protection for civil/political rights and
- progressive realization for economic/social rights.
- Reflects ideological divides between Western and non-Western countries.

Question 3

What is the role of sovereignty in shaping human rights obligations under international law? How do states balance sovereignty with human rights commitments?

Answer 3

A: Sovereignty = states govern themselves,
HR = requires them to comply with international human rights standards.
- States incorporate treaties into domestic laws and engaging in international cooperation.
- Tensions when HR enforcement interferes with state autonomy, particularly in cases involving foreign intervention or humanitarian crises.
EX: Death Penalty illegal in Denmark. Right to Life (ICCPR and ECHR)

Question 4

Discuss the historical development of human rights since World War II. What role did the Universal Declaration of Human Rights play in this evolution?

Answer 4

A: After the atrocities of WWII, there was a global push to protect human dignity. The Universal Declaration of Human Rights (UDHR) in 1948 set a foundational framework for modern human rights. It outlined fundamental rights and freedoms that influenced subsequent binding treaties like the ICCPR and ICESCR. The UDHR also shaped national constitutions and inspired global human rights movements.

Question 5

Explain the principle of non-refoulement in international refugee law. How does this principle relate to human rights protections for asylum seekers?

Answer 5

A:
- prohibits returning refugees or asylum seekers to a country where they face persecution or harm.
- cornerstone of refugee protection under the 1951 Refugee Convention
- Linked to the right to life, freedom from torture, and inhuman treatment

Question 6

What are the main differences between ‘soft law’ and ‘hard law’ in international human rights? How effective is each in ensuring compliance?

Answer 6

A: Hard law refers to binding legal obligations, such as treaties, with enforceable mechanisms (e.g., ICCPR). Soft law includes non-binding resolutions, declarations, and guidelines (e.g., UDHR). Hard law provides stronger enforcement tools but may face resistance from states. Soft law is more flexible and influential in shaping norms, but its lack of enforcement limits its effectiveness. SECTION 2: CRITICAL ANALYSIS QUESTIONS (Theoretical Debates)

Question 7

Critically evaluate the tension between universal human rights and cultural relativism. Is it possible to reconcile these two approaches?

Answer 7

A:
- Universalism = rights apply to all people equally,
- Cultural relativism = rights must be interpreted within cultural contexts.
- Tension when practices seen as rights violations in one culture are considered traditions in another (e.g., Taliban and gender roles, freedom of movement, dress codes). CEDAW Convention on the Elimination of All Forms of Discrimination Against Women
- Reconciliation is possible through dialogue, promoting core human rights while respecting cultural diversity. However, this requires ensuring that cultural practices do not violate fundamental rights.

Question 8

Discuss the concept of human dignity in international law. How does this concept underpin the protection of human rights?

Answer 8

A: Human dignity = foundational principle of human rights,
- Inherent worth of every person.
- underpins international legal frameworks by affirming that all individuals deserve respect and protection.
- Central to the UDHR and various human rights treaties, ensuring that laws and policies promote autonomy, equality, and respect for all.

Question 9

What are the limitations of the current international human rights system in addressing the needs of marginalized groups, such as climate refugees?

Answer 9

A:
- Lacks binding legal frameworks to address emerging issues like climate-induced displacement.
- Climate refugees do not fall under the 1951 Refugee Convention.
- Enforcement mechanisms are weak, and marginalized groups often face barriers to accessing justice.

Question 10

How do ‘Othering’ practices in security discourse impact human rights protections for vulnerable populations?

Answer 10

A: ‘Othering’ involves framing certain groups as different or inferior, which justifies exclusion and rights violations.
- It often targets migrants, minorities, or marginalized communities, leading to policies that undermine their rights. Examples: Racial profiling, discriminatory border practices, and counterterrorism measures that disproportionately affect specific groups.

Question 11

Is there a hierarchy of human rights within international law? Should some rights take precedence over others in times of crisis?

Answer 11

A:
- All rights as equal, BUT some rights are prioritized in practice.
Example: The right to life is often considered non-derogable, even during crises.
In emergencies, states may limit certain rights (e.g., freedom of movement) to protect public safety, but these limitations must be proportionate and necessary.

Question 12

Discuss whether human rights should apply to non-human living beings or ecosystems. What would be the implications of recognizing the rights of nature?

Answer 12

• Can be extended to non-human beings or ecosystems by recognizing the intrinsic value of nature.
• Would strengthen environmental protections and give ecosystems legal standing in courts.
• may create conflicts with human economic interests and require significant legal reforms.
  ICESCR Art 11 Right to adequate living -> forest felling

Question 13

What lessons can be learned from the Guantánamo Bay detentions about the tension between national security and human rights?

Answer 13

National security policies can undermine human rights -> indefinite detention and lack of due process.
- Shows need for legal oversight and balancing security concerns with fundamental human rights protections.
Prohibition of torture

Question 14

Discuss the role of Frontex in managing EU borders. How has its role evolved in relation to human rights protections for migrants?

Answer 14

Frontex = evolved from managing border security to addressing human rights concerns,
- Role has expanded,
- Has faced criticism for involvement in rights violations, prompting reforms to enhance transparency and accountability.

Question 15

What is the significance of the International Covenant on Civil and Political Rights (ICCPR) in shaping state obligations toward human rights?

Answer 15

• Key treaty that sets universal standards for civil and political rights.
• Imposes binding obligations on states to protect non-derogable rights,
  -i.e. right to life and prohibition of torture,
• Mechanisms for state reporting and individual complaints.

Question 16

Discuss the Vanuatu case at the International Court of Justice (ICJ) in relation to climate change and human rights. What precedent could it set?

Answer 16

The Vanuatu case at the ICJ seeks an advisory opinion on states’ obligations to address climate change. The case could set a precedent by linking climate change impacts to human rights violations, reinforcing state accountability under international law for environmental harm.

Question 17

Examine the role of UN Special Rapporteurs in promoting and protecting human rights. How effective are these mechanisms in practice?

Answer 17

• Independent HR expert appointed by UNHRC
• Monitor and report specific HR issues in specific countries.
• Factfinding, recommendations, thematic/country. Countries can refuse fact-finding etc.
• Can collect data evidence remotely
• Play a vital rolel by investigating violations and providing recommendations.
• Effectiveness depends on state cooperation and the ability to raise awareness and pressure governments to implement reforms.
  EX: Special Rapporteur on torture (2004-2010) GWOT, CIA Black Sites - contributed Obama admin ban on torture.

Question 18

If tasked with drafting a policy on climate migration for a government, what key human rights considerations would you include?

Answer 18

• non-refoulement,
• access to basic services like healthcare and education, and
• legal pathways for climate migrants.
• Must ensure that displaced persons are protected under both international refugee and human rights law.

Question 19

What measures can states take to ensure that their national security policies do not violate human rights?

Answer 19

• Establish clear legal frameworks with judicial oversight,
• Prohibit practices like torture, and
  -ensure accountability through transparency mechanisms.

Question 20

What role do non-state actors, such as NGOs or multinational corporations, play in promoting and protecting human rights?

Answer 20

• advocate policy changes, monitoring violations, and adopting rights-based frameworks.
• NGOs provide oversight,
• corporations are encouraged to follow the UN Guiding Principles on Business and Human Rights.

Question 21

Discuss the ethical considerations involved in the use of autonomous weapons in armed conflicts. How do these relate to human rights protections?

Answer 21

• accountability if IHL.
• Erode norm of killing.
• Escalation
• Dehumanization.
• human oversight is essential to prevent human rights violations, particularly in cases involving the right to life and the prohibition of war crimes.

Question 22

Imagine you are advising the UN on integrating climate justice principles into international human rights law. What recommendations would you make?

Answer 22

• recommend recognizing environmental rights,
• imposing greater obligations on high-emission states, and
• ensuring support for vulnerable communities affected by climate change.
• Indigenous people’s rights (affected by climate change)
• Right to development

Question 23

What role do regional human rights courts (e.g., ECHR, Inter-American Court) play in enforcing human rights protections? How do they differ from global mechanisms?

Answer 23

• Can order binding policy changes, compensations etc.
• provide more tailored approaches
• closer to individuals.
  Consequences: Fines, political pressure, criticism,
  UNHRC cannot enforce only investigate.

Question 24

Discuss how international human rights law intersects with the law of armed conflict. What protections are afforded to individuals during armed conflicts?

Answer 24

• International humanitarian law governs warfare,
• Human rights law provides complementary protections during conflicts.
  Certain rights are limited or derogated.
  IHL = how wars are fought. HRL = state behavior towards individuals.
  Can be limited = freedom of movement etc.
  non-derivable = life, torture, slavery, freedom of thought.
  Lex Speciales = More specific law takes over.

Question 25

How can international human rights law address emerging technologies, such as mass surveillance or AI, in terms of privacy and freedom of expression?

Answer 25

- HRL must address emerging technologies like mass surveillance and AI. - Requires new frameworks to regulate state and corporate use so they do not infringe on fundamental rights.

Question 26

What challenges do international human rights mechanisms face in enforcing compliance from states? How can these challenges be addressed?

Answer 26

- empower regional courts, national courts, stronger monitoring, sanctions - Due to state sovereignty and a lack of enforcement power. - can be addressed by strengthening reporting mechanisms, increasing political pressure, and using incentives to encourage compliance.

Question 27

What are the implications of expanding the definition of 'refugee' under international law to include climate-displaced persons?

Answer 27

- would broaden protections but may strain existing asylum systems. - requires international consensus and financial support to manage new migration flows effectively.

Question 28

What is the significance of the nine core UN human rights treaties? Provide examples of how they have impacted state behavior.

Answer 28

A: The nine core treaties cover a broad range of rights, including civil, political, economic, social, cultural, and specific protections for vulnerable groups (e.g., CEDAW, CRC). They create binding obligations for states to respect and promote these rights. For example, the Convention Against Torture has led to changes in national laws prohibiting torture, while the CRC has improved children's rights globally.

Question 29

How does securitization theory explain the relationship between security policies and human rights? Provide examples from migration or climate change.

Answer 29

- issues like migration or climate change are framed as security threats = justify extraordinary measures that may restrict human rights. - framing migration as a threat leads to stricter border controls and detention practices that violate migrants' rights. - climate change securitization can lead to military interventions in resource-scarce areas, impacting local communities.

Question 30

How does securitization of migration affect the human rights of migrants? Discuss both the risks and potential benefits.

Answer 30

- frames migrants as security threats = border controls, detention, and deportation. - Risks include rights violations, discrimination, and xenophobia. - securitization can also lead to more organized migration management, - reducing human trafficking and ensuring safer migration routes if policies are rights-based.

Question 31

What are the ethical implications of targeted killings under international human rights law? Discuss with reference to specific case studies.

Answer 31

A: Targeted killings, often conducted through drone strikes, raise ethical concerns about due process, accountability, and civilian protection. They challenge the right to life and the prohibition of arbitrary killings. Case studies include U.S. drone strikes in Yemen and Pakistan, where civilian casualties and lack of transparency have sparked debates on legality and ethics.

Question 32

How has the European Court of Human Rights shaped the development of human rights law in Europe? Provide examples from key cases.

Answer 32

- significantly shaped human rights law in Europe by enforcing key protections such as the right to a fair trial, privacy, and non-discrimination. Hirsi Jamaa and Others vs Italy (2012) - returned to Libya risking torture, pushback, non-refoulment. Compensation paid, no more pushbacks to Libya.

Question 33

Analyze the Trail Smelter Arbitration and its relevance to the principle of state responsibility for environmental harm in international law.

Answer 33

- Established the principle that states are responsible for environmental harm that crosses borders. - Laid the foundation for international environmental law by reinforcing state accountability for transboundary pollution. International Joint Commision (IJC) settled it.

Question 34

How has the principle of non-discrimination evolved in international human rights law? Provide examples of its application in recent case law.

Answer 34

- Non-discrimination in international human rights law has evolved to include protections against discrimination based on race, gender, sexual orientation, and more. Cases like Toonen v. Australia have advanced these protections by setting important legal precedents.

Question 35

When a person has no refugee status what does that mean?

Answer 35

- Cannot seek asylum under Refugee Convention. - countries no obligation to resettle. - No guaranteed rights (to stay, work, access services). - Could become stateless. - Vulnerable to exploitation and abuse. Well-founded fear Grounds for persecution Outside their country Inability to return

Question 36

How can international law evolve to better protect individuals displaced by climate change? Discuss potential legal reforms.

Answer 36

- By amending the Refugee Convention to include climate migration, - Creating new treaties, or - Strengthening human rights law to explicitly address displacement caused by environmental harm. - Global sharing of burden. - No binding framework.

Question 37

What practical steps can be taken to de-securitize migration policies? Provide examples of successful de-securitization efforts.

Answer 37

- integration and the economic contributions of migrants. - Legal frameworks to counter profiling. I.e. discrimination (UDHR, ICCPR etc.) - Canada’s inclusive policies serve as an example of how shifting the narrative can result in more humane and rights-based migration practices.

Question 38

How can states be held accountable for human rights violations committed outside their borders? Discuss with reference to extraterritorial obligations.

Answer 38

States can be held accountable for human rights violations committed abroad through extraterritorial obligations under treaties like the ICCPR. Mechanisms such as universal jurisdiction and international complaints procedures strengthen accountability for cross-border violations.

Question 39

Critically assess whether international human rights law is equipped to handle the challenges posed by global climate change.

Answer 39

A: - not fully equipped to address climate change impacts. - Existing frameworks focus on individual rights - lack comprehensive mechanisms to protect affected by climate change, such as displaced persons. - Legal reforms needed to recognize environmental rights and collective rights violations due to climate change.

Question 40

What is security?

Answer 40

The condition of being protected from harm, danger or threat. Individual level up to global level. Thematic subcategories.

Question 41

Asylum seeker vs refugee?

Answer 41

Asylum seeker someone who wants to become a refugee and this status is under review. Not yet legal rights of a refugee. - Refugee: recognized under 1951 refugee convention etc. well founded fear of persecution. Recognized by state or UNHCR

Question 42

Elements of 1951 refugee convention

Answer 42

- Well-founded fear of persecution due to 1) race, 2) religion, 3) nationality, 4) membership in a particular group, 5) political opinion. - is outside country and unable/unwilling to return. - Non-refoulment. Rights:1) non-discrimination, 2) freedom of religion, 3) access to courts, 4) employment and education (primary education for children), 5) documentation and freedom of movement.

Question 43

What exclusions exist to the 1951 Refugee Convention?

Answer 43

Excludes if: - committed serious crimes such as war crimes or CAH. - acts contrary to purposes and principles of Un - protection and assistance from other UN agencies - Can safely return to their home due to changed circumstances.

Question 44

Speech act in securitization theory?

Answer 44

- “terrorism is a threat to national security” - shapes something like a security threat - Performative and constructive

Question 45

Components of a speech act

Answer 45

1) Referent object (Jews in Europe) 2) Existential threat (terrorism by Palestinians) 3) Securitizing actor (intelligence -> PM) 4) Audience (politicians, public) Successful speech act: Authority, resonance, context. Justifies measures such as surveillance,

Question 46

Criticism of securitization

Answer 46

- Overemphasis on speech (overlooks material factors, actions) - Elite centric (focus on powerful actors instead of grassroots - Eurocentric (weaker state institutions in countries might be different security dynamics)

Question 47

How can subjects be desecuritized?

Answer 47

1) Reframe narrative (humanitarian or economic issue instead of security) 2) de-escalate threat language. 3) normalize issue (change policy, become process instead of exception, 4) reduce militiazation (encourage civilian leadership)

Question 48

Definition of terrorism

Answer 48

The use of violence or threat of violent to achieve political, ideological and religious goals. Criticism: POV, focus on violence,

Question 49

Frontex balance between managing migration, interests of EU member states and human rights

Answer 49

Manages migration through: - border security, operational assistance, data collection, returns. Etc. - Political agendas of states, different domestic contexts, consisting of member state people. - transparency vs efficiency - Frontex not reporting HR violations by Greece for example. - participating or being a part of pushback Coordination with Libyan Coast Guard to stop migrants.

Question 50

What is climate justice?

Answer 50

Frames climate change not as an environmental issue but a social, economic and political inequality. - Accountability, responsibility, fair distribution, inter generational justice

Question 51

Copenhagen school sectors of security

Answer 51

1) military 2) political 3) economic 4) environmental (energy, climate, population, food) 5) societal

Question 52

Referent object (the one being protected) of environmental security?

Answer 52

State, nature, societies, civilization Nexus between all? Often issue of nature’s security VS state etc.

Question 53

What is human security?

Answer 53

Spread after 1994 United Nations Development Programme Human Development Report. - Economic, food, health, environmental, personal, community, political. - conflict with state security. - Focus on global and interdependency

Question 54

What human rights are possibly violated in relation to climate change?

Answer 54

Right to health (udhr, icescr), right to adequate food, water, housing (icescr)

Question 55

What is a Collective action problem?

Answer 55

When individuals have benefit from working together but each individual has incentive to act in self interest. Regardless of contribution it benefits the entire group

Question 56

What happened in the 1972 UN Conference on Human Environment in Stockholm?

Answer 56

113 countries sat together discussed environmental issues. - Stockholm declaration: — humans have fundamental right to healthy environment. — state sovereignty over natural resources but no harm in environmental of other states. - creating it UN environmental programme.

Question 57

Stockholm 1972 and Rio 1992 what legal principles came to light of which some are arguably becoming CIL?

Answer 57

- State sovereignty of natural resources but responsibility. - common concern of global. - duty not to cause harm - the polluter pay’s principles - principles for cooperation , consultation and precautionary.

Question 58

Since 1972 Stockholm Conference what has happened in regards to international law?

Answer 58

International environmental treaties protecting: - Global atmosphere (ozone) - wildlife and biological diversity - Managing oceans and marine environment - Regulating chemicals, wastes and other substances.

Question 59

How is the polluter pays principle enforced?

Answer 59

Domestically (when oils spills have happened, for example France 1999 Erika oil spill.) - Trail Smelter Arbitration (Canadian smelter polluted and it went to the US. Canada had to compensate the US) - Kuwait v Iraq 1991 (oil spill deliberate by Iraq and was ordered to pay billions by the UN in compensation, including for environmental restoration)

Question 60

Paris Agreement 2015 significance?

Answer 60

- Legally binding global climate accord (all countries committed) - adopted under UN - temperature goals (under 2*) - recognized climate justice.

Question 61

Does the ICESCR apply to non-nationals?

Answer 61

Yes with the exception of article 2(3) giving developing nations the right to not guarantee economic rights to non-national depending on national economy

Question 62

What derogation exists regarding wartime in 1951 refugee convention?

Answer 62

Article 9: derogation when war/exceptional circumstances related to security in case of “a particular person”

Question 63

What is the garauntee of non-penalization in 1951 RC?

Answer 63

Refugees cannot be punished for illegal entry or presence in country if they present themselves,

Question 64

Different types of jurisdiction in IL?

Answer 64

1. Territorial - actions and persons within geographical borders. 2. Nationality - nationals 3. Passive personality - Crime committed against nationals outside of territory. 4. Protective - acts outside of territory if threatens security, sovereignty or critical interests. 5. Universal - Certain grave crimes regardless of who and where. 6. Concurrent - More than one state per crime. 7. Extraterritorial - actions taken 8. Adjuducative and prescriptive

Question 65

Signing, ratifying/ascending, implementing?

Answer 65

Sign - government or representative signs it signaling political interest and support. Ratify - domestic process and a formal legal act where it is approved internally (legislative, executive, constitutional). Initial obligation of “instrument of ratification”. Implementation - Actual implementation and reporting to depository.

Question 66

What are the gravest crimes?

Answer 66

1 Genocide (intent to destroy in or in part a national, ethnic, racial or religious group) 2 CAH (widespread or systematic attacks directed against any civilian population) 3 War Crimes (torture, killing, etc of people protected) 4 Crime of Aggression (use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, violating UN Charter) All defined in the ICC Rome Statute + Nuremberg, ICTY, Geneva Conventions etc.

Question 67

Military science, strategic studies and security studies?

Answer 67

- Military science: Theory and practice of applying military operations. - Strategic studies: The study of the use of power in achieving political and strategic objectives - Security studies: Examines the concept of security in military, political, economic, environmental and human dimensions.

Question 68

Critical Security Studies and Emancipation?

Answer 68

CSS: Reimagining security to prioritize human dignity, agency and freedom. Focus on broader human and structural threats and more proactive. Power as a means of empowerment and not control.

Question 69

CSS?

Answer 69

Challenge status quo. State-centric challenge. Human centric

Question 70

1951 RC monitoring mechanism?

Answer 70

No monitoring mechanism. But UN High Commissioner for Refugee (UNHCR) + NGOs

Question 71

Sources of IHRL?

Answer 71

Article 38(1) ICJ Conventions, custom, principles, judicial decisions and teachings. - Soft law such as UNGA resolutions, UDHR, standard from international and regional bodies. Soft law ties into norm development

Question 72

Typology of obligations

Answer 72

Respect: Refer from interfering in enjoyment of rights. Protect: to prevent HR violations. Fulfil: States to take appropriation legislative, administrative and budgetary and judicial measures towards HR

Question 73

How does the review process for the core UN bodies work?

Answer 73

Report to committee every 4-5 years. Public review takes place in UN HR office in Geneva. Review: 1 State submits written report 3 issues presented to state 4 state submits written replies 5 delegation engaged in dialogue (1 day) 6 Committee issues findings “concluding observations”, progress, areas of concern, recommendations. 7 Committee sets dates for report back.

Question 74

What is the UPR? (Not done)

Answer 74

HR Mechanism of the UN Human Rights Counci Review if HR record of all member states

Question 75

Definition of norms?

Answer 75

Collective expectation for the proper behavior of actors with a given identity. Standards of appropriateness. Shared beliefs.

Question 76

What is the role of Norms?

Answer 76

- Shape the behavior of state and NSAs, influence international policy and contribute to global governance. - Can explain the tensions between IHRL and compliance failure. - Fixed and fluid.

Question 77

Constructivist contributions to HR

Answer 77

Norms are constructs. Norm emergence: how norms are created and diffused. Norm stability: How norms gain strength. Norm change: How they evolve, decline or are contested.

Question 78

Norm contestation theory

Answer 78

Norms are inherently contested and subject to constant (re) interpretation. Norms gain meaning through debates and disputes.

Question 79

What are norm clusters?

Answer 79

Groups of interrelated norms that shape behavior, expectations and practices. Mutual reinforcement, coherence and tensions, Norm evolution, diffusion, contestation.

Question 80

What happens when a norm is contested / changed?

Answer 80

Norms can expand in a positive way (surveillance regarding digital stuff for example) Weakening through dilution (such as terrorism) Right to privacy (mass surveillance), mass collection of data. Reinterpretation of sovereignty