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...
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
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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
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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
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