Lecture notes for Substantive rights and state responses, focusing on Sovereignty, Derogations, non derogable rights, reservations, declarations, denunciation. The notes include indepth definitions, real life examples and easy explanation for each key word.
Substantive rights and state responses (IHRL) 29/04/22
Nation law is based on consent – state must consent for a law to become a part of the state.
Hard law – pressuring someone to achieve the change you want – can be debated that hard law
doesn’t always work because people can still go against what is wanted
Soft law – recommendation/persuasion to achieve a certain change – can change into hard law later
Sovereignty
- Westphalian sovereignty
o Each state has sovereignty over its territory and domestic affairs to the exclusion of
external powers.
o Each state – no matter its size is recognised in international law
o Principle of non-interference
- Modern sovereignty
o Shared exercise of public power
o Right to conduct own affairs
o Power to make own laws
o Right to defend its own people
o Territorial integrity
o Recognition by the UN
o non-intervention
the bigger the state, the more caution you must take when joining unions
etc.
- Derogations
o Permits states to limit their responsibility to certain human rights for a short period
of time due to extreme emergency situations
o Means that at this point human rights law don’t apply to maintain peace and
security
o It is used in public emergences or armed conflicts
o It must be used in absolute necessity to achieve a goal
o E.g., Boston attack – marshal law put in place, whole city closed, and derogation was
put in place
o Haiti – derogation in place to deal with tsunami
o Each human rights instrument has its own internal rules about derogation and if a
state can derogate from rights.
- Non – derogable rights (most important rights)
o Some rights cannot be derogated from
Right to life
Freedom from torture
Freedom from slavery, thought, conscience and religion
o This creates a hierarchy of rights – the most important human rights cannot be
compromised – e.g., right to life
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