Summary: Human Rights And Globalization Notes Etc.

Read the summary and the most important questions on Human rights and globalization notes etc.

• 1 Session 1: Foundations

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• What are positivist challenges to Human rights?

  Human rights raised the expectation to
  challenge the State centric legal system, but
  they failed
  • Human rights are a project embedded in a
  state-centric legal system
  • Universal declaration of human rights is not
  legally binding
  • The human rights system is based on State
  consent
  - Limited reach of Human rights Treaties 
  - Human rights are applicable only against State 
  - Human rights are applicable only in the territories of the signatory
  
  States 
  - States can make reservations to human rights treaties

• Which sources of int. Law does art.38 give?

  art.38(1) has the sources of international law, not necessarily human rights but  int. law. it says what law the court can apply, because it identifies the sources of law. 
  
  there are 5 sources
  

  • convention
    
  • custom (evidence of general practice as law, what it doesnt say that it is by states.) Oldest source of int. law. 
    
  • General princip0les recognized by states, like ne bis idem, pact sunt servada.
    
  • subject to the art.59, only parties are bound by decisions, judicial decisions and academic writings. It doesnt happen that easily. The court uses it in its judgements.
    

• What was lauterpacht critique on the conventions hr?

  lauterbach? one of the voices to have hr in conventions says that it has no teeth. it was only a document to show they were doind something. 

• 2 Session 2: Obligations and enforcement

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• How do we see the scope of hr?

  
  
  Who? - States (few exceptions)
  When?
  - Upon ratification
  - Reservations, Limitations, Derogations are possible
  To whom?
  - Individuals within their jurisdiction
  Where?
  - Territory
  - Effective control over a territory
  - Control over a person’s enjoyment of a certain right ( debated)▶
  For What? – nature of human rights obligationshts

• What are sources of hr obligations of states?

  
  
  • Art. 8 UDHR
  Human Rights Law & GlobalizationState obligations under
  international human rights law
   Sources of HR obligations of States
  • document itself
  • General Comments
  • National/international case-law

• General Comment No.24 (2017) on State obligations under theICESCR in the context of business activities:

  
  
  he Covenant establishes specific obligations of State Parties at
  three levels- to respect, protect and to fulfil. These obligations apply
  both with respect to situations on the State’s national territory, and
  outside the national territory in situations over which States parties may
  exercise control.”
  Human Rights Law & Globalization

• What are derogations of human rights?

  Derogations: defence of necessity
  -State of emergency (threatening the life of the nation, see art. 4 ICPPR))
  -Notification
  -Limited in territory/time
  -Only derogable rights
  -No discrimination
  -Compatible with other international law obligations

• What are the categorisatrions of hr?

  1st generation (Liberte) Civil & Political
  Rights
  • 2nd generation (Egalite) Economic, Social
  and Cultural Rights
  • 3rd generation (Fraternite) Collective Rights

• /To what extent do you feel that such a distinction isnecessary and plausible?:Arguments against

  All human rights are indivisible and interdependent
  and interrelated
  (Vienna Convention)
  • ESC rights justiciable at domestic level and SINCE
  2013 at the international level (Optional Protocol
  ICESCR)
  • Positive State obligations for all human rights

• .Monitoring ESC-rights:  int, national

  .At the national level:
  • Constitutions & statutes
  At the international level (treaties):
  • reporting-system (concluding observations)
  • Individual complaint mechanism (Optional Protocol entered into
  force in 2013)
  Human Rights Law & Globalization