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

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Published on 14 Apr 2013
School
University of Calgary
Department
Law and Society
Course
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
laws
>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
interact
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)
UN:
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
Enforcement:
-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
this)
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