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6 Pages Topic Notes Year: Pre-2021

Week Nine lecture Understanding Human Rights Cameroon has anti-homosexual legislation that contravenes the ICCPR article 26 -> no discrimination State sovereignty prevails Uganda has moved in similar direction -> usually religious arguments and cultural relativism -> attitudes not cultural but derived from colonial era sodomy laws -> Cameroon Environmental impact on Mississippi river in Louisiana -> toxicity of oil refineries Third generation right -> right to a clean environment Difficult to enforce Kyoto protocols due to the transnational jurisdiction Right to health part and parcel to third generational right Public international law and human rights What is international law? International law or the law of nations , is the body of rules and principles binding upon states The international legal system is not like the domestic legal system of states The state is of primary importance as actor and subject Consent Great importance attached to consent of state -> obligations depend on consent Jursidiction of international tribunals requires consents Participation requires consent Member states are states party to a treaty or organisation Legal system not like domestic legal system -> no legislature, no parliament, makes laws for member states Ad hoc meeting for treaties -> must be signed and ratified by member states Do not create obligations for non-members Generally resolutions and declarations are not binding International judiciary is without jurisdiction -> needs sovereign states’ consent But sanctions can be imposed by security council No standing police force -> but peacekeepers can be deployed in circumstances


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