Relevance of Public International Law in Human Rights

1084 Words3 Pages
bulb-icon

Recommended: Similarly between private and public international law

Human rights seem to be one of the most current issues worldwide. Uncountable efforts have being made to assure the avoidance of violations and abuse of them during human history. However, it is not just until the end of World War II that joined efforts by most of the countries in the world were visible, being public international law one of the ways to . It could be said that public international law is one of those important efforts that promote the defence and implementation of human rights and help to its development. This essay will define the concept of public international law, how it is this connected with human rights, and what is the importance of that connection with the application of human rights in the reality.

To begin with, it is important to define the concept of Public international law. Public international law has been considered as the law that regulates relationships between states. According to the Permanent Court of International Justice (PCIJ)(1927):

International law governs relations between independent States. The rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.

However, this concept of public international law goes beyond states. That definition given by the PCIJ is clear but it could be said it is fairly broad. An accurate definition of Public International law is presented by the United Nations (United Nations, n.d.), where “International Law defines the legal responsibilities of States in their conduct with each other, an...

... middle of paper ...

...hts law : Six Decades after the UDHR and Beyond. Farnham, Surrey, England: Ashgate Publishing Group

Bagaric, M. (2007). Future directions in international law and human rights Melbourne, Victoria: Sandstone Academic Press.

Blay, S., Piotrowicz, R., and Martin, B. (1997). Public international law : an Australian perspective. Melbourne: Oxford University Press

Mitchell, A. & Beard, J. (2009). International law in principle. Pyrmont, Sydney: Thomson Reuters (Professional)

United Nations. (1945). Charter of the United Nations, preamble. Retrived from http://www.un.org/en/documents/charter/preamble.shtml

United Nations. (n.d.). International law. Retrived from http://www.un.org/en/globalissues/internationallaw/

United Nations (1948) Universal declaration of human rights (UDHR). Retrived from http://www.ohchr.org/EN/UDHR/Documents/60UDHR/bookleten.pdf

Show More
Related

  • Drug Trafficking and Its Effects on US Policy and Economy

    1558 Words  | 4 Pages

    Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.

    Read More

  • Customary International Law In Australia

    1669 Words  | 4 Pages

    According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.

    Read More

  • Is International Law Really Law?

    1727 Words  | 4 Pages

    International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...

    Read More

  • Jurisdiction And The Elements Of The Extraterritorial Jurisdiction

    1640 Words  | 4 Pages

    This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.

    Read More

  • Subjects of International Law

    1121 Words  | 3 Pages

    In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.

    Read More

  • Human Rights Act 1998, A Positive Development for the Protection of Human Rights

    2203 Words  | 5 Pages

    Since 1953, the international law bounds the United Kingdom to respect the rights which were set out by the European Convention of Human Rights (ECHR). However, the Convention became exceptionally important when the Human Rights Act (HRA) 1998 was enacted incorporating “Convention Rights” into domestic law so that they can be directly enforceable before domestic courts. Until the HRA, the ECHR could be used in UK courts to support arguments that public bodies had acted Wednesbury unreasonably, or that ambiguously worded legislation should be interpreted in a manner that favoured human rights. However, the rights included in the Convention were not part of domestic law and could only be enforced in Strasbourg by lengthy proceedings and only after exhausting all the domestic paths.

    Read More

  • Importance Of Compliance To International Law

    912 Words  | 2 Pages

    International Law (IL) is “a body of principles, customs, standards, and rules recognized as effectively binding obligations by sovereign states in their mutual relations.” International Law presents the rights and obligations for all its actors, like the states, intergovernmental international organizations (IGOs), and non-state actors, such as non-governmental organizations (NGOs), Multinational corporations (MNCs), and even individuals. IL covers a wide range of issues that are considered significant on the international scale, depending on the actor or actors it concerns. In International Law there is no centralized coercive power that facilitates cooperation and compliance among the actors. Even with this reality, most nations respect and comply with International Law. This leads us to question: with numerous high-stake issues and with no reliable source to enforce IL amongst the many actors, how does International Law induce compliance? There are many

    Read More

  • International Relations

    2631 Words  | 6 Pages

    ...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).

    Read More

  • National Sovereignty Paper

    1060 Words  | 3 Pages

    Sovereignty is a very important issue in contemporary international politics with two major schools of thought dominating the public view on national sovereignty. In Sharing Sovereignty reading, Krasner points out that national sovereignty is a very important legal principle as it defines a nation and sets out international law requirements to state issues such as treaties and customary law. Moreover, national sovereignty points out the importance of setting and respecting territorial boundaries and honoring diplomatic immunity (Krasner, 2009). Therefore, national sovereignty is very important in contemporary international law since it has significant influence on international actions. As the rise of globalization, national sovereignty has changed meaning overtime.

    Read More

  • The Universal Declaration of Human Rights

    1830 Words  | 4 Pages

    In her article ‘From Citizenship to Human Rights: The Stakes for Democracy’ Tambakaki notes that apart from playing a political role, human rights are in principal moral and legal rights. Like moral norms they refer to every creature that bears a human face while as legal norms they protect individual persons in a particular legal community (pp9).

    Read More

  • The Enforcement of International Law

    4713 Words  | 10 Pages

    “On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.

    Read More

  • Rule Of Law Essay

    1020 Words  | 3 Pages

    The rule of law requires compliance by the state with its obligations in International law.

    Read More

  • Superiority of the International Court of Justice

    2819 Words  | 6 Pages

    Powell, Emilia and Mitchell, Sara M., ‘The International Court of Justice and the World’s Three

    Read More

  • Public International Law

    1772 Words  | 4 Pages

    Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies.  International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law.  Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...

    Read More

  • Truth And Justice Essay

    1141 Words  | 3 Pages

    ...onal human rights law and international humanitarian law, as well as the development within international criminal law needed to enforce IHRL and IHL and the international criminal law itself, and criminal law traditionally imposes obligation on individuals, and duties on states to sanction violations committed by individuals.

    Read More

More about Relevance of Public International Law in Human Rights

Open Document