LWSO 203 Lecture Notes - Contract, International Covenant On Civil And Political Rights, Self-Determination

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Published on 14 Apr 2013
University of Calgary
Law and Society
LWSO 203
International Law 4/12/2013 9:07:00 AM
What is law?
-a superior governing sovereign body enacting legislation on subjects with
an enforcement mechanism
Intl. law doesn’t have these factors ^
-no intl. governing bodies
-no way to impose laws
-no way to enforce
Intl law: a set of rules designed to regulate states conduct with each other
E.g. treaty laws
-states think that they’re bound to follow these laws, and recognize them as
>most follow them, only hear about those who don’t
Customary Law: how states have customarily & traditionally interacted
through time and is now accepted and expected as the appropriate way to
E.g. conquering territories
-it has become a custom for states to follow the principles of DHRF
Intl. conventions & treaties: a legally binding agreement deliberately created
b/w 2 or more subjects of intl. law who are recognized as having treaty
making capacity
-only binds signatory parties (doesn’t apply to non-signers)
-creates a legal binding relationship b/w parties (deliberately and
consciously entered)
-generally followed b/c voluntary entry, usually beneficial
-you can’t be forced/involuntarily enter
ratification process:
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non-UN: states 1 on 1 draft and sign agreement as states, and return to
domestic legislatures to create, implement & ratify the agreement (often
requires domestic legislation to be created as well)
i) sign the UN declaration of Human Rights
ii) enter into intl. treaties for the protection of HRs
iii) ratification & implementation of domestic legislation to enforce
Intl. HRs treaties:
**ICCPR: Intl. Covenant on Civil & Political Rights**
signers will respect and ensure to all indv. The rights in the covenant
through domestic legislation as necessary to give affect to the rights &
provide remedy if they’re broken
Self determination
right to life
freedom from torture & slavery (economic & sexual)
arbitrary arrest & detention
a fair, impartial trial &presumption of innocence
indv. Liberty (thought, conscious, religious, speech, assembly)
nationality, family, privacy, right to vote & participate in political process,
not to be discriminated against, equality before the law for all equals
-countries agree to report to HR committee about how their state is doing
-inter state complaints: the HR committee can hear complaints from
states about one another
-optional protocol #1: indv. complaints to UN HR committee
(**optional, not all states have to agree to this; 113 states agreed to
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