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LWSO 203 - International law - Human Rights.doc

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Law and Society
LWSO 203
Marywyatt Sindlinger

International Law 1. Law: a superior governing sovereign body enacting legislation on subject with an enforcement mechanism 2. International Law: a set of rules designed to regulate states conduct with each other e.g. treaty rights • International Law does not have the factors of what makes a law. There are no: i. governing bodies ii. no way to impose or enforce the law • most states follow international law. We only hear in the news about states that do not 3. Customary Law: how states have customarily and traditionally interacted through time and is now accepted and expected as the appropriate way to interact • It has become customary for states to follow the principles of DHRF 4. International Convections and Treaties: 1 a legally binding agreement deliberately created between two or more subjects of international law which are recognized as having treaty making capacity • It only binds signatory parties (does not apply to non-signers) • creates a legal binding relationship between parties (deliberately and consciously entered) • generally followed because it's a voluntary entry and usually beneficial • you cannot be forced or involuntarily enter 2 Ratification Process a) Non UN states: states one on one draft and sign agreement as states and return to domestic legislature to create, implement and ratify the agreement (often requires domestic legislation to be created as well) b) UN states i. sign the UN declaration of Human Rights ii. enter into international treaties for the protection of Human Rights iii. ratification and implementation of domestic legislation to enforce 5. International Covenant on Civil and Political Rights • The states that entered the treaty will respect and ensure to all individuals the rights in the covenant through domestic legislation as necessary to give effect to the rights and provide remedy if they are broken a) self determination b) right to life c) freedom from torture and slavery (economic and sexual) d) arbitrary arrest and detention e) a fair, partial trial and presumption of innocence f) individual liberty (thought, conscience, religion, speech and assembly) g) Right to nationality, family, privacy, voting and participate in political process, not to be discriminated against and equality before the law • Enforcement: a) countries agree to report to Human Rights committee about how their state is doing b) inter states complaints: the HR committee can hear complaints from states about one another c) Optional protocol: individual complaints to the UN HR committee (optional, not all states have to agree to this; 113 states only) • Cases a) Canada i. Sandra Lovelace: Marrying in and out provisions of the Indian Act ii. Waldman: public funding for catholic schools but not Jewish schools is discriminatory b) Optional Protocol #2: no death penalty i. Canada voted yes ii. USA voted no iii. • signed in 1976 and came into force in 1976 and all but 29 states in the world have signed. The Vatican, Fiji and UAE are non-signers • Covers: extraditions, deportations, citizenship (dual), trade, military 6. International Convection on Economic and Social Rights • entered in 1966 and enforced in 1976 • 160 states signed and ratified, 6 have signed but have not ratified e.g. USA • statement of principle that states believe in these rights • Obligations: a. Take steps individually as a state and through international assistance and cooperation (economic and technology) to maximize the use of its available resources to progressively achieve full realization of the rights b. This rights are: i. health ii. education iii. adequate standard of living iv. work in just and favourable conditions v. right to family life (fully paid parental leave) vi. food (equitable distribution of world food supply) vii. clothing] viii. live in peace and security c. Difficult to enforce because of policy d
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