Exam (elaborations)

LCP4807 human-rights-law-notes.

11 views 0 purchase

Course
LCP4807 - International Human Rights Law

Institution
University Of South Africa

LCP4807 human-rights-law-notes. HUMAN RIGHTS LAW LECTURE NOTES WEEK 2 – ROLE OF INTERNATIONAL ORGANISATIONS International Law  Governs relations between states or between states and individuals.  Grants specific rights.  Impose duties and obligations on states, individuals and grou...

[Show more]

Preview 4 out of 54 pages

View example

Uploaded on August 16, 2022
Number of pages 54
Written in 2022/2023
Type Exam (elaborations)
Contains Questions & answers

lcp4807 human rights law notes

Institution
University of South Africa
Course
LCP4807 - International Human Rights Law

LOVELY01

Member since 2 year 931 documents sold

CA$4.18

Added

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

LCP4807 human-rights-law-notes.

, lOMoARcPSD|4522749

HUMAN RIGHTS LAW LECTURE NOTES

WEEK 2 – ROLE OF INTERNATIONAL ORGANISATIONS
International Law
 Governs relations between states or between states and individuals.
 Grants specific rights.
 Impose duties and obligations on states, individuals and groups.
 It is a consent-based governance.

International Organisations (IO)
 IO is an organisation with international membership, presence or scope.
 Membership of 3 or more organisations.
 Activities in several states.
 Members held together by formal agreement.
 Can have non state members.
 Three categories:
o International Governmental Organisations (State Members)
o International Non-Governmental Organisations (State, Associations,
Individuals, etc.)
o Supranational Organisations

Definition
 Any organisation established by a treaty or other instrument governed by international
law and possesses its own international legal personality.
Article 2 (1) (i) of the Vienna Convention on the Law of Treaties between States and
IO.
 An organisation set up by an agreement between two or more states.
Akehurst
 A non-state entity with international legal personality separate from that of the states
which established it.
Anthony Aust
 A body based on a formal instrument of agreement between the government and the
nation states.
 Including three or more nation states as parties to the agreement.
 Possessing of permanent secretariat performing ongoing tasks.
Yearbook of International Organisations

Sources of International Law
 Treaties
 International Customs
 General principles of law as recognised by civilised nations
 Judicial Decisions
 Scholarly writings

How are IGO’s Created?
 State sovereignty
 Transfer of Power – State of IGO
o By Treaty – WTO
o By Resolution – CTBTO

, lOMoARcPSD|4522749

o By Declaration – ASEAN

Setting up IGO’s
 Headquarters
o Permanent base in any Member states (NATO in Brussels)
o Rotation
o Strategic location/Neutral states (E.g. The Netherlands, Austria, Switzerland)

Aims of IO’s
 War-Peace-Development-Health
 Rules for cooperation
 Pacta servanda
 Mobilising public support
 Monitor effectiveness of international policies and programmes
 Provide political institutions so that states can work to achieve common objective.
SAARC, AU, EU etc.
 Social, Economic, Political and Cultural Roles

Range
 Numbers – From 3 to 193
 Area – (Sub regional (SAARC) Regional (AU, EU) Global (IMF, IATA)
 Purpose – Single (WIPO) Multipole Tasks (AU/EU

Working of IO’s
 Not all IO’s have staff
 Representatives/delegates from member states
 Military – (INTERPOL/EUROPOL)
 Civil Servants
 Judges

Membership to IO’s
 Original Member/Founding Members
 Conditions of Membership
 E.g. Article 4 of UN Charter lays the conditions
o Membership in the United Nations is open to all other peace-loving states
which accept the obligations contained in the present Charter and, in the
judgment of the Organization, are able and willing to carry out these
obligations.

Categories of Members
 Full Members – Founding Members with unlimited rights
 Associate Members – Members with limited rights
 1 State one Vote (whether USA or Nouru) (E.g. UN Members)
 Vote depending on size, population, economic status (E.g. World Bank, IMF)

Mode of Financing
 Member contribution
 Levy of taxes
 Voluntary Contributions

, lOMoARcPSD|4522749

Problems with IO’s
 Cost Benefit Sharing
 Compliance
 Can IO be treated as a State
 Customary International Law requires state to grant privileges or immunities to IO’s

Does an IO have a Legal Personality?
 Count Bernadotte, a Swiss Diplomat was assassinated on Friday 17 September 1948
by members of the armed Jewish Zionist group Lehi.
 He was on a UN Mission as Mediator in the Middle East Conflict
 The territory was under the control of the Provincial government of Israel
 Could UN make a claim against Israel for reparation?
 Matter referred to ICJ – Advisory opinion

ICJ – Advisory Opinion
In the event of an agent of the United Nations in the performance of his duties suffering
injury in circumstances involving the responsibility of a State, has the United Nations, as an
Organization, the capacity to bring an international claim against the responsible de jure or de
facto government with a view to obtaining the reparation due in respect of the damage caused
(a) to the United Nations, (b) to the victim or the person entitled through him.

Court’s Decision
 Affirmative answer for a and b.
 Whether or not the defendant state is a UN member.

Reparation Case
 In April 1950 the UN submitted to the Israeli government a claim for reparation in the
sum of USD 54,628.
 Claim based on
 Failure by Israel to exercise due diligence and to take all reasonable measures for the
prevention of the murder
 Liability of the Israeli government or acts committed by irregular forces in the
territory under its control
 Failure by Israel to take measures required under public international law to bring the
perpetrators to justice.
 In June 1950, without formally admitting claim, Israeli paid the claim.
Classification of Human Rights
 Civil and Political Rights (First Generation Rights)
 Economic, Social and Cultural Rights (Second Generation Rights)
 Collective Rights (Third Generation Rights)

International Bill of Rights
 Universal Declaration of Human Rights
(UDHR), 1948
 International Covenant on Civil and Political Rights
(ICCPR), 1966
 International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

Universal Declaration of Human Rights

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller LOVELY01. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$4.18. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

76449 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Exam (elaborations)

LCP4807 human-rights-law-notes.

Document information

Subjects

Written for

Seller

Reviews received

Content preview