Notes 10-17

Notes 10-17 - • But there is an enforcement problem •...

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Notes 10-17-07 International Law and Human Rights o States vs. individuals Usually states have been subject to int’l law Since WWII also view that indiv. Are subject too o Laws in Human Rights: Varies in degree of legal obligations Hard law: based on a binding commitment vs. Soft law: Based on nonbinding commitments Trend towards hard law Soft law Based on norms, customs, principles Creates sense of obligation, but less obligation than hard law Most human rights laws are soft o i.e. Universal Declaration of Human Rights o Vienna Declaration (1993) Adds to UDHR Adds democracy, elimination of racism, womans’ rights, environmental degradation Hard law Genocide convention o Countries cannot commit genocide or let it happen o No independent enforcement mechanism, but can be enforced by national courts, int’l courts, ICC International Covenant on Civil and Political Rights o Binding version of UDHR
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Assessment of HR law: Growth in extent and specificity, and expansion of geographic range
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Unformatted text preview: • But there is an enforcement problem • Problems with compliance • Individual vs. group rights • Compliance through other means than enforcement? o International oversight and monitoring – works if countries care about their rep o National governments – impose sanctions, intervene o National courts i.e. US has jurisdiction over people who have violated HR o Transnational advocacy networks 4 mechanisms by which networks pressure governments Consumer pressures International Criminal Court • First permanent court established to try individuals for specific violations of int’l HR law o Genocide o Crimes against humanity o War crimes • Empowered to prosecute anywhere in the world as long as crime occurred in a signatory country or the accused is from a signatory nation o “Court of last Resort” – won’t act unless national courts fail o Created by Rome Treaty...
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Notes 10-17 - • But there is an enforcement problem •...

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