Human Rights Global Governance Notes
Origins of international law
International law has helped govern international relations since the rise of the nation state
International law has been based upon the way in which states react to each other
Most countries abide by the terms of the treaty on the non-proliferation of nuclear weapons
and so do not seek to acquire nuclear weapons
- Their reasoning derived not from any moral beliefs, but from the belief that if they disobey
the treaty, others will follow suit, making the world much more dangerous
The Nuremberg trials
Principles of state sovereignty have traditionally enshrined the concept that human rights are
relative
The government under which one lives determines the nature and extent of ones rights
Following WW2, the Nuremberg trials, in which leading Nazis were tried as war criminals
demonstrated what could happen if a government acted in defiance of all moral principles
The realist defence that the actions of a national government were outside the mandate of the
international community seemed inadequate
The way in which the Nazi state had persecuted many of its own citizens, waged war and
committed acts of mass genocide suggested that nation states should not be allowed to equity
impunity
If the international community did not learn lessons from these horrors, they would be repeated
The crimes exposed at Nuremberg made the development of a human rights-based approach to
international law an urgent concern
International law would now take into account human rights as well as state self interest
The charter of the united nations
Was drafted after the ww2 when the un was formally established
The charter established the un as the international forum in which disputes would be settled,
development encouraged, and human rights are formed
The universal declaration of human rights
The un drew up the UDHR which established the absolute civil, political, and social freedoms
that all humans enjoy
Eleanor Roosevelt, chaired the committee who drew up the document
- She stated that the ‘declaration may well become the international magna carta for all men
everywhere’
It is often regarded as the one of the most influential political statements of all time
The pope stated that the UDHR reminds us that we do not live in an irrational or meaningless
world and that there is moral logic which is built into human life
1
, The UDHR is a constant reminder that there are international standards of moral behaviour that
state should aspire to and to which they can be held accountable
United nations high commissioner for human rights
At the world conference on human rights, the position of UN High Commissioner for human
rights was established
Commissioner’s responsibility is to promote adherence to human rights and expose their
violation
It lacks coercive power, but the position is important since it carries great moral authority
The role of NGOs
A growing number of NGOs have also highlighted human rights abuses
- Amnesty international
- Human rights watch
- Red cross
- Save the children
These global pressure groups use the internet to its full potential, ensuring instantaneous
coverage of humanitarian crisis
This puts new pressure on the international community to pay attention to abuses
Example: the human rights watch publishes its annual world report which catalogues nation
states records on human rights
- It has been highly critical of the growing authoritarianism of China, Russia, and Turkey, in
which the rule of law is being undermined
The international court of justice
It is the judicial agency of the un and sits in Netherlands
Established by the charter of the united nations in 1945 and began operation in 1946
Purpose of the ICJ
The ICJ’s 15 judges represent the main forms of civilisation and the principle legal systems of the
world
It settles disputes submitted to it by states and provides advisory opinions on legal questions
submitted to it by international branches, agencies and the UNGA
Attempts to enforce the rule of law in international disputes, to create a more stable world
Article 94 of the un charter - all members of the un should comply with the decision of the court
in any case to which it is a party
If a state does not comply with an ICJ judgement, the other party may approach the UNSC to
enforce the judgement
ICJ successes
2
, Liberals regard the ICJ as a vital way of establishing a more rules-based approach to
international affairs
Rather than resorting to war, cases can be submitted to the ICJ for arbitration
ICJ possesses great moral authority, and nation states can be unwilling to question its ruling
Has been successful in solving a number of disputes
- 1992: settled a complicated border dispute between El Salvador and Honduras
- 2002: settled a dispute between Nigeria and Cameroon over the ownership of an oil rich
peninsula
Why has the ICJ not been more successful
The ICJ is supposed to operate as a world court, resolving issues between states before they
become armed struggles, however its effectiveness is severely limited
Realism influences the behaviour of states, as ‘power maximisers’ states will often put their
sovereign interests above international law, so challenging the authority of the court
Barriers to ICJ’s influence
It's liberal principles conflict with realist state egoism
It cannot initiate cases and can only try cases that are presented to it
States are able to choose whether or not to be subject to the decisions of the court by signing an
optional clause, which accepts in advance that they will be subject to the court ruling
Although the UNSC is supposed to enforce ICJ’s ruling, the veto building permanent five
members would be unlikely to do this
As a result of these limitations, there have been a number of cases when the ICJ has delivered
judgments that the corresponding state has ignored
- In such circumstances, it has been almost impossible to hold that state accountable for its
actions
- In 1980, Iran refused to acknowledge ICJ’s sovereignty when the USA brought a case against
it for seizing the US embassy in Tehran
- In 2010, the ICJ delivered opinion that Kosovo was legitimately able to declare
independence from Serbia in 2008. Russia a key supporter of Serbia ignored this
United Nations special tribunals
There was a growing concern about the way in which the international community should react
to genocide, war crimes and crimes against humanity
As a result, the UNSC authorised establishment of four UN crime tribunals
The panel of judges would judge crimes that had happened within states
The tribunals would also have the authority to try heads of state for crimes against humanity
and set a precedent for the establishment of the ICC
Aims of the UN tribunals
3
Origins of international law
International law has helped govern international relations since the rise of the nation state
International law has been based upon the way in which states react to each other
Most countries abide by the terms of the treaty on the non-proliferation of nuclear weapons
and so do not seek to acquire nuclear weapons
- Their reasoning derived not from any moral beliefs, but from the belief that if they disobey
the treaty, others will follow suit, making the world much more dangerous
The Nuremberg trials
Principles of state sovereignty have traditionally enshrined the concept that human rights are
relative
The government under which one lives determines the nature and extent of ones rights
Following WW2, the Nuremberg trials, in which leading Nazis were tried as war criminals
demonstrated what could happen if a government acted in defiance of all moral principles
The realist defence that the actions of a national government were outside the mandate of the
international community seemed inadequate
The way in which the Nazi state had persecuted many of its own citizens, waged war and
committed acts of mass genocide suggested that nation states should not be allowed to equity
impunity
If the international community did not learn lessons from these horrors, they would be repeated
The crimes exposed at Nuremberg made the development of a human rights-based approach to
international law an urgent concern
International law would now take into account human rights as well as state self interest
The charter of the united nations
Was drafted after the ww2 when the un was formally established
The charter established the un as the international forum in which disputes would be settled,
development encouraged, and human rights are formed
The universal declaration of human rights
The un drew up the UDHR which established the absolute civil, political, and social freedoms
that all humans enjoy
Eleanor Roosevelt, chaired the committee who drew up the document
- She stated that the ‘declaration may well become the international magna carta for all men
everywhere’
It is often regarded as the one of the most influential political statements of all time
The pope stated that the UDHR reminds us that we do not live in an irrational or meaningless
world and that there is moral logic which is built into human life
1
, The UDHR is a constant reminder that there are international standards of moral behaviour that
state should aspire to and to which they can be held accountable
United nations high commissioner for human rights
At the world conference on human rights, the position of UN High Commissioner for human
rights was established
Commissioner’s responsibility is to promote adherence to human rights and expose their
violation
It lacks coercive power, but the position is important since it carries great moral authority
The role of NGOs
A growing number of NGOs have also highlighted human rights abuses
- Amnesty international
- Human rights watch
- Red cross
- Save the children
These global pressure groups use the internet to its full potential, ensuring instantaneous
coverage of humanitarian crisis
This puts new pressure on the international community to pay attention to abuses
Example: the human rights watch publishes its annual world report which catalogues nation
states records on human rights
- It has been highly critical of the growing authoritarianism of China, Russia, and Turkey, in
which the rule of law is being undermined
The international court of justice
It is the judicial agency of the un and sits in Netherlands
Established by the charter of the united nations in 1945 and began operation in 1946
Purpose of the ICJ
The ICJ’s 15 judges represent the main forms of civilisation and the principle legal systems of the
world
It settles disputes submitted to it by states and provides advisory opinions on legal questions
submitted to it by international branches, agencies and the UNGA
Attempts to enforce the rule of law in international disputes, to create a more stable world
Article 94 of the un charter - all members of the un should comply with the decision of the court
in any case to which it is a party
If a state does not comply with an ICJ judgement, the other party may approach the UNSC to
enforce the judgement
ICJ successes
2
, Liberals regard the ICJ as a vital way of establishing a more rules-based approach to
international affairs
Rather than resorting to war, cases can be submitted to the ICJ for arbitration
ICJ possesses great moral authority, and nation states can be unwilling to question its ruling
Has been successful in solving a number of disputes
- 1992: settled a complicated border dispute between El Salvador and Honduras
- 2002: settled a dispute between Nigeria and Cameroon over the ownership of an oil rich
peninsula
Why has the ICJ not been more successful
The ICJ is supposed to operate as a world court, resolving issues between states before they
become armed struggles, however its effectiveness is severely limited
Realism influences the behaviour of states, as ‘power maximisers’ states will often put their
sovereign interests above international law, so challenging the authority of the court
Barriers to ICJ’s influence
It's liberal principles conflict with realist state egoism
It cannot initiate cases and can only try cases that are presented to it
States are able to choose whether or not to be subject to the decisions of the court by signing an
optional clause, which accepts in advance that they will be subject to the court ruling
Although the UNSC is supposed to enforce ICJ’s ruling, the veto building permanent five
members would be unlikely to do this
As a result of these limitations, there have been a number of cases when the ICJ has delivered
judgments that the corresponding state has ignored
- In such circumstances, it has been almost impossible to hold that state accountable for its
actions
- In 1980, Iran refused to acknowledge ICJ’s sovereignty when the USA brought a case against
it for seizing the US embassy in Tehran
- In 2010, the ICJ delivered opinion that Kosovo was legitimately able to declare
independence from Serbia in 2008. Russia a key supporter of Serbia ignored this
United Nations special tribunals
There was a growing concern about the way in which the international community should react
to genocide, war crimes and crimes against humanity
As a result, the UNSC authorised establishment of four UN crime tribunals
The panel of judges would judge crimes that had happened within states
The tribunals would also have the authority to try heads of state for crimes against humanity
and set a precedent for the establishment of the ICC
Aims of the UN tribunals
3
