POLSCI 1G06 Lecture Notes - Lecture 14: Collective Security, Humanitarian Intervention, Collective Action
19 Dec 2016
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Wednesday, March 16, 2016
Political Science 1G06 2016 II Lecture 9a Human rights
Human rights
Questions:
1. Is the United Nations (in its current form) capable of promoting and protecting human
rights?
2. Assuming that the United Nations is flawed but that it can be reformed to make it
more effective
How can Human rights be defended in a self-consistent way?
Legal Principles of the United Nations
-A number of competing legal principles are built into the United Nations Charter
-According to the Preamble of the UN Charter, one of the primary purposes of the
organization is to “save succeeding generations from the scourge of war”
-But how?
Principle 1: State sovereignty and its corollary non-intervention
-The U.N. Charter stringently restricts international aggression
-Aggression by states acting alone: Article 2(4): “All Members shall refrain in their
international relations from the threat or use of force against the territorial integrity or
political independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations”
-Interference by states acting together: Article 2(7): “Nothing contained in the present
Charter shall authorize the United Nations to intervene in matters which are
essentially within the domestic jurisdiction of any state or shall require the Members
to submit such matters to settlement under the present Charter…”
There is a proviso at the end of 2(7) which testifies to a second principle
contained within the Charter
Principle 2 - Collective security
- BRING WAR AGAINST A STATE THAT DOES NOT BRING PEACE
Finishing 2(7): “this principle shall not prejudice the application of enforcement
measures under Chapter VII.”
Chapter VII outlines the role of the Security Council in responding to “threats to the
peace, and acts of aggression”
Article 39: “The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make recommendations, or
decide what measures shall be taken in accordance with Articles 41 and 42, to maintain
or restore international peace and security”
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Document Summary
Political science 1g06 2016 ii lecture 9a human rights. Questions: is the united nations (in its current form) capable of promoting and protecting human rights, assuming that the united nations is awed but that it can be reformed to make it more effective. A number of competing legal principles are built into the united nations charter. According to the preamble of the un charter, one of the primary purposes of the organization is to save succeeding generations from the scourge of war . Principle 1: state sovereignty and its corollary non-intervention. The u. n. charter stringently restricts international aggression. Interference by states acting together: article 2(7): nothing contained in the present. Charter shall authorize the united nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the present charter .
