The document provides an overview of key concepts in international human rights law. It discusses the theoretical foundations of human rights based on concepts of dignity, autonomy, and natural law. It also outlines the development of international human rights law and fundamental principles such as universality, equality, and indivisibility. Additionally, it examines the international human rights regime including UN treaties, monitoring bodies, and regional systems. It provides details on the International Covenants on Civil/Political and Economic/Social/Cultural Rights and fundamental rights contained within.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
I. Nature, Origin and Basis of International Law.
The Emergence of International Law, Early European Authors, The Nation-State
System, The Enforcement of International Law, The Effectiveness of International
Law, The Weakness of International Law, The Juridical Basis of International law,
The Future of International law and Material Sources of International Law.
II. Relation between International Law and State Law.
Article 38 of the Statute of International Court of Justice, Primary Sources of
International Law, Subsidiary Sources of International Law, International Soft Law
III. State in General and Recognition
Personality and Statehood in International Law, The Subjects of International
Law, Recognition of State and Government in International Law, Recognition of
State and Government in National Law.
IV. The Law and Practice as to Treaties
The Vienna Convention on the Law of Treaties
V. The Settlement of International Disputes.
Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United
Nations, Conciliation, Arbitration, The International Court of Justice.
VI. International Humanitarian Law.
International and Non-International Armed Conflicts, Non-International Armed
Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and
Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War,
Limits on the Choice of Methods and Means of Warfare.
VII. The Use of Force
The Law before the UN Charter, The Law after the Charter, The Collective Use of
Force, The Right of Self-Defence.
VIII. International Institutions
IX. State Territorial Sovereignty.
X. State Responsibility.
XI. State Jurisdiction.
XII. Succession to Rights and Obligations.
XIII. The State and the Individual.
XIV. The State and the Economic Interest.
XV. Diplomatic Envoys, Counsels and other Representatives.
XVI. War, Armed Conflicts and other Hostilities.
XVII. Neutrality.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
I. Nature, Origin and Basis of International Law.
The Emergence of International Law, Early European Authors, The Nation-State
System, The Enforcement of International Law, The Effectiveness of International
Law, The Weakness of International Law, The Juridical Basis of International law,
The Future of International law and Material Sources of International Law.
II. Relation between International Law and State Law.
Article 38 of the Statute of International Court of Justice, Primary Sources of
International Law, Subsidiary Sources of International Law, International Soft Law
III. State in General and Recognition
Personality and Statehood in International Law, The Subjects of International
Law, Recognition of State and Government in International Law, Recognition of
State and Government in National Law.
IV. The Law and Practice as to Treaties
The Vienna Convention on the Law of Treaties
V. The Settlement of International Disputes.
Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United
Nations, Conciliation, Arbitration, The International Court of Justice.
VI. International Humanitarian Law.
International and Non-International Armed Conflicts, Non-International Armed
Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and
Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War,
Limits on the Choice of Methods and Means of Warfare.
VII. The Use of Force
The Law before the UN Charter, The Law after the Charter, The Collective Use of
Force, The Right of Self-Defence.
VIII. International Institutions
IX. State Territorial Sovereignty.
X. State Responsibility.
XI. State Jurisdiction.
XII. Succession to Rights and Obligations.
XIII. The State and the Individual.
XIV. The State and the Economic Interest.
XV. Diplomatic Envoys, Counsels and other Representatives.
XVI. War, Armed Conflicts and other Hostilities.
XVII. Neutrality.
Institutions of International Law: An Australian PerspectiveKate Galloway
Drawing on existing knowledge about legal institutions and processes, this presentation provides an overview of the origin and nature of international law and its institutions and processes of governance. It highlights the relationship between international law and Australian domestic law, through the concept of sovereignty and also Australian processes for incorporating international law domestically.
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
Institutions of International Law: An Australian PerspectiveKate Galloway
Drawing on existing knowledge about legal institutions and processes, this presentation provides an overview of the origin and nature of international law and its institutions and processes of governance. It highlights the relationship between international law and Australian domestic law, through the concept of sovereignty and also Australian processes for incorporating international law domestically.
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
An International Insolvency Law for Sovereign Debt? Learnings from the Euro ...Luca Amorello
Presentation of my new paper:
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The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
M.a.d comprehensive lists of international multilateral treaties (law of trea...maysam araee daronkola
M.A.D Comprehensive Lists of international multilateral treaties (law of treaties)
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In introduce to the present work must say this work being divided into several sections:
1: list of treaties by date of conclusion (from 1900 to 2013)
2: list of treaties by date of entry in to force (from 1900 to 2013)
3: list of treaties by subject that consist of:
Air law, Communication And Information, Disarmament and Arms Control, Economic, Ecosystem, [Educational, Scientific and Cultural] matter, Energy, Environment, Fishing, Foodstuff, Health, Human rights, Human Trafficking, Humanitarian Law, Intellectual Property, International Organization, International Private Law, International Relation & Diplomatic and Consular Law, International Trade and Commerce, Labor Law, Law of the sea, Law of Treaties & Succession of States, Maritime And Shipping, [Minerals, Industrial Material and Industrial] Matter, Narcotic drugs and Psychotropic Substances, Nuclear Energy and Nuclear Safety, Peace and Military alliance, Penal Matter &Terrorism, Privileges and Immunities of IO, Settlement of Dispute, Space Law, Sport, Stateless and Refugee, Transport, Women and Children Rights
What are International Human Rights - David Ford Avon CTDavid Ford Avon Ct
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Development in Human Rights, Magna Carta, Brief introduction to U.N.Os dealing with Human Rights .. A very informative for Student in L.L.M and international laws, Students of Hazara University, B.Z.U multan and all around the Pakistan and other countries . ..
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. Objectives
To understand the theoretical foundations of human rights
including the concepts of human dignity, autonomy, will theory,
interest theory and natural law.
To consider the development of international human rights law,
including the categories of civil, political, economic, social and
cultural rights.
To understand the fundamental principles of international human
rights law, including indivisibility and interdependence and the
debates surrounding the ‘universality’ of human rights
guarantees.
To consider the international regime established to supervise and
adjudicate States’ performance in the human rights area.
3. What are human rights?
Fundamental rights and freedoms that all persons possess and
are entitled to by virtue of their being human
Regardless of sex, age, religion, language, political views or
nationality
Can be individual entitlements or group rights
Recognised and protected by governments, courts and
parliaments
Capable of enforcement
Corresponding duty to respect the rights of others
Civil, political, economic, cultural, religious
4. Theoretical foundations of human
rights
Where do human rights come from and why are they important?
Natural rights theories:
Based on the philosophy of natural law (Aristotle, St Thomas Aquinas, John Locke, Thomas
Hobbes, John Finnis)
Human beings are entitled to certain fundamental rights and claims simply because they are
human – they do not depend on recognition by the government
Rights are those things which are necessary for maintenance of a life worthy of a human
being.
Will theory: rights flow from an individual’s capacity for free will – they are those
rights which are necessary to maintain liberty and autonomy (Immanuel Kant, Hans
Kelsen, HLA Hart)
Interest theory: rights are things which human beings are entitled to claim because
they are necessary to fulfil their interests and well-being (Bentham, MacCormick,
Raz, Feinberg)
5. Foundations of human rights law
Universal Declaration of Human Rights (1948)
Preamble: ‘Recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in
the world.”
Article 1: All human beings are born free and equal in
dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit
of brotherhood
6. UN Charter: Articulates the UN’s determination to
reaffirm “faith in fundamental human rights and the
dignity and worth of the human person”
International Covenant on Civil and Political Rights,
Preamble:
recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family as
the foundation of freedom, justice and peace in the world
these rights derive from fundamental human dignity
Foundations of human rights law
7. Fundamental principles of human rights
1. Universality – rights belong to everyone
2. Equality and non-discrimination – everyone is equally entitled to
the enjoyment of human rights
UDHR Article 2:
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
8. 3. Inalienability – human rights cannot be taken away or
surrendered
4. Interdependence & indivisibility – everyone possesses the
full range of rights and all rights are equally important
5. Positive & negative rights
Positive: entitlement to
Negative: freedom from
6. Rights & corresponding duties
Fundamental principles of human rights
9. Human rights obligations
States parties to human rights treaties have three general levels of
obligation:
1. To respect human rights – to refrain from activities which would interfere
with the enjoyment of human rights
2. To protect human rights – to ensure that other states or non-state actors do
not interfere with the enjoyment of human rights
3. To fulfil human rights – to take steps to ensure the enjoyment of human
rights
The specific duties which these obligations entail vary according to
particular treaty, the specific right concerned and circumstances of each
state.
10. The UN Human Rights Treaties
International Covenant on Civil & Political Rights (ICCPR)
International Covenant on Economic, Social & Cultural Rights (ICESCR)
Convention Against Torture (CAT)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
Convention on the Elimination of All Forms of Racial Discrimination
(CERD)
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (CMW)
Convention on the Rights of People with Disability (CRPD)
Convention for the Protection of All Persons from Enforced
Disappearance (CPED)
11. UN Human Rights System
Treaty monitoring bodies
Human Rights Committee
Committee on Economic, Social & Cultural Rights
Committee on the Rights of the Child
Committee on Elimination of Discrimination Against Women
Committee on Elimination of Racial Discrimination
Committee Against Torture
Committee on Migrant Workers
Office of the High Commissioner for Human Rights
Human Rights Council (replacing Human Rights Commission)
12. Regional Human Rights Systems
Europe
Council of Europe
European Convention on Human
Rights
European Court of Human Rights
European Union
Charter of Fundamental Rights of
the European Union
Organisation of American
States
American Declaration on the
Rights and Duties of Man
Inter-American Commission of
Human Rights
Inter-American Court of Human
Rights
Organisation of African Unity
African Charter on Human and
Peoples’ Rights
African Commission on Human
and Peoples’ Rights
League of Arab States
Arab Charter on Human Charter
Association of South East Asian
Nations (ASEAN)
ASEAN Human Rights Declaration
13. International Covenant on Civil
and Political Rights
To date 167 states have become parties to the ICCPR
Civil & Political Rights (“First Generation Rights”)
Preamble:
“The objective of human beings enjoying civil and political
freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may
enjoy his civil and political rights, as well as his economic,
social and cultural rights”
14. Key provisions
Right to self-determination (Art 1)
Right to life (Art 6)
Freedom from torture, and cruel, inhuman or degrading
treatment or punishment (Art 7)
Freedom from slavery (Art 8)
Right to liberty & security of person (Art 9)
Right to a fair trial (Art 14)
Freedom of thought, conscience and religion (Art 18)
Freedom of opinion and expression (Art 19)
Right to peaceful assembly & freedom of association (Art 21 &
22)
Right to vote (Art 25)
15. International Covenant on Economic,
Social and Cultural Rights
Opened for signature 16 December, 1966, entered into force 3
January 1976
Currently 160 states parties
Economic, Social & Cultural Rights (“Second Generation Rights”)
Preamble:
“Recognizing that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying
freedom from fear and want can only be achieved if conditions
are created whereby everyone may enjoy his economic, social
and cultural rights, as well as his civil and political rights”
16. Key provisions
The right to work and to just and favourable conditions of work (arts 6 & 7)
Right to form and join trade unions (art 8)
Right to social security (art 9)
Protection of the family including paid maternity leave (art 10)
Right to adequate standard of living (art 11)
Right to highest attainable standard of health (art 12)
Right to education (art 13)
Right to take part in cultural life and enjoy benefits of scientific progress,
including intellectual property (art 15)
17. Obligations of States
ICCPR art 2 ICESCR art 2
2. Where not already provided for by
existing legislative or other measures,
each State Party to the present Covenant
undertakes to take the necessary steps,
in accordance with its constitutional
processes and with the provisions of the
present Covenant, to adopt such laws or
other measures as
may be necessary to give effect to the
rights recognized in the present
Covenant.
1. Each State Party to the present
Covenant undertakes to take steps,
individually and through international
assistance and co-operation, especially
economic and technical, to the
maximum of its available resources, with
a view to achieving progressively the full
realization of the rights recognized in the
present Covenant by all appropriate
means, including particularly the
adoption of legislative
measures.
What do you think the justifications are for the different provisions?
18. Are rights absolute?
Limitations on rights
Restriction on human rights is possible where it is necessary to protect
other rights
Restriction must be proportionate
Restriction must be imposed by law
Cannot be arbitrary or discriminatory
Derogation from human rights is possible in times of
emergency
But some rights are non-derogable (jus cogens rights, eg
freedom from torture, freedom from slavery)
19. Limitations and restrictions in ICCPR
Generally need to be:
1. Prescribed by law
2. Necessary to protect public safety, order, health, or morals or the fundamental
rights and freedoms of others.
Art 18: Freedom of thought, conscience and religion
limitations may be on ‘manifesting religion or belief’ but not on beliefs
themselves
limitations must be “prescribed by law” and “necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of
others”
Art 19: freedom of opinion, thought and expression
“carries with it special duties and responsibilities”
may be limited by law where necessary to protect rights of others, public
safety etc
20. Derogation of human rights
1. In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the
present Covenant may take measures derogating from their obligations
under the present Covenant to the extent strictly required by the
exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do
not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
ICCPR, art 4:
21. Derogation from human rights cont/...
ICCPR art 4(2): No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16
and 18
Art 6 – right to life
Art 7 – freedom from torture and cruel, inhuman or degrading treatment
Art 8 – freedom from slavery
Art 11 – no imprisonment for breach of contract
Art 15 – no retroactive criminal law
Art 16 – right to legal personality
Art 18 – right to freedom of thought, conscience or religion
