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Group protective rights in international law - Essay Example

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Group protective rights in international law

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Group protective rights in international law ensure protection of minorities through minority specific individual rights whereas majority is treated as legal subjects and bearers of group rights. By bringing autonomous minorities and indigenous people to the international human rights convention makes the State to waive their right to interfere with their activities on human rights grounds. For example, the American legal orders deal with violations to the human rights by Indian tribes and how the Canadian legal orders deal with human rights violation by Qubec. India attributes universal laws to all Indian citizens and "personal laws", to specific ethnic groups and Muslim minority.
A decision in Federal District Court confirms that Unocal could not be held liable because it did not control the Burmese military's actions. "The 9th Circuit Court of Appeals, California Superior Judge Victoria Chaney reversed an earlier Federal District Court decision and will allow a groundbreaking human rights lawsuit against Unocal to go forward. In the Doe v. Unocal case, 11 Burmese villagers allege that Unocal, a California based oil company, can be held liable for human rights abuses associated with its Yadana gas pipeline project in Burma. The abuses include rape, forced labor, and murder". (http://www.mines and viewed on 12th May, 2009).

4. If an international tribunal finds that there is no applicable national or international law rule to decide the case before it, what should it do

If the interpretation of the national law is vague and ambiguous, the international tribunal will adopt the interpretation which it thinks is in conformity with the law of the State. (Text Book on International law, Martin Dixon, 6th edition, p93-94, 2007, published by ).

5. Compare customary international law rules with rules from international agreements.

International law comprises of rules and rationales which rule the relations and dealings of nations with each other. It is concerned with questions of rights between several nations or nations and the citizens or subjects of other nations.
Whereas International agreements make law for the parties of the agreement. They might also contribute to the foundation of customary international law with the intention of adhering generally and are widely accepted. (International law: an overview,
6. Trials of former Khmer Rouge leaders for crimes against humanity in Cambodia from the 1970s are finally starting. What is the nature of the court that is hearing these cases

The nature of the court is Genocide Tribunal. This court is backed by United Nations. The trial started at Phnom Penh, Cambodia. It started with the trial of Kaing Guek Eav, known as Duch. The court deals with charges of crimes against humanity, torture premeditated murder and breaches of the Geneva conventions. The Khmer Rouge leaders were accused of killing around 1.75 million people through execution, starvation or overwork during 1975-79. Duch faces charges of killing 10000 ...Show more


Decisions on war crimes will be treated as binding precedents. International treaties and agreements are also relevant but they are restricted to the jurisdiction of the parties to the treaties. (However, as per the U.S. Court of Appeals for the Ninth Circuit, decision on John Doe et al v…
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