Lesson 1: Introduction and Background
Consisting of three sessions, this Lesson shall introduce the topic, provide an overview of the sources for International Human Rights, and consider additional issues, including state sovereignty and domestic jurisdiction
Session 1.1 - Introduction
International human rights are a system of specific human rights that have been created within the international legal system. The purpose of course is to protect individuals and other groups from being abused by the state. Yet, we must first consider the fact that we are dealing with international human rights. What is the meaning and implication of the international system? Will the international aspect have an effect on the legal standing and eventual enforcement of human rights?
In light of these questions, and prior to considering the meaning of human rights, we will focus on the international side, considering the proper context in which international human rights operate and the important factors that result from such a context. We then shall be prepared to consider the international sources for human rights and some of the problems that derive from operating in an international framework.
Understanding Public International Law
In essence, international human rights are operating within the domain of public international law. Public international law is essentially the law regulating states. The international aspect of human rights then is that it is a form of law that is to apply to all states, with the benefits of course going to the individuals and groups located within the states.
Upon defining the term Public International Law, it is important to consider the unique meaning of each term and what that might imply for international human rights. We will go through the terms Public, International, and Law to discern their meaning.
Public is referring to states. That is, we are dealing with some form of public entity, as opposed to a private corporation or business. Thus, the term also would include public bodies like international organizations (the UN for example),autonomous regions that maintain state-like powers (like Kosovo or the Palestinian Authority) as well as non-governmental organizations (NGOs) who also play a role in the development and enforcement of international law.
Nonetheless, to avoid being overly doctrinal, note as well that private corporations and other private actors do have a role to play in addressing human rights, end even in offering some form of protection. We will discuss this issue later on in this section.
The International aspect is, as the term implies, the fact that we are dealing with issues between states. That is, the matters that generally concern public international law are meant to be across borders, involving states who are acting as the parties.
Yet, when considering international human rights, it would seem apparent that the issues deal with individuals, and the means by which we strive to uphold and protect the rights of individuals within a state. So are human rights am international matter? Have we moved outside the realm of international law, given that the focus is on upholding the rights of the individual or a specific group?
While you should be considering that question throughout the course, and hopefully will develop an answer of your own throughout the course, be aware of the fact that human rights derived from an international concern for the conditions of individuals throughout the world. Thus, states desired to address the status and protection to be accorded to all people, being that it was a matter of international concern.
Finally, the Law aspect of international law. This is somewhat tricky as you can well imagine given the fact that there is no hard-core law within the international framework as there is within domestic states. That is, unlike domestic law, where there exists a number of branches that are meant to create and enforce the law (like the legislature and the judiciary), in the international realm these bodies as such do not exist. It is a rather informal process, serving as a normative guide for the regulation of state behavior. While this is not a course on public international law, it is important to be aware of the different implication of the term. Law in the international realm is not necessarily as we understand it in the hard-core sense. Unlike a prohibition like not going through a red light, international law will be hard pressed to create such strong markers. Yes, laws do exist but do not forget that it is the states that have created the law for their own regulation. They then decide whether the law applies to them (as we shall see in the next section regarding sources of law). Thus, be aware of the fact throughout the course that the international standards created for human rights are not necessarily comparable to the domestic context. READING: Steiner and Alston, 40-57
