StudentShare solutions
Triangle menu

Group protective rights in international law - Essay Example

Not dowloaded yet

Extract of sample
Group protective rights in international law

Explain, giving an example.
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 communities.org 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 http://books.google.co.in/booksid ).


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, http://topics.law.cornell.edu/wex/International_law).
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

Summary

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…
Author : gunnar44
Group protective rights in international law essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Group protective rights in international law"
with a personal 20% discount.
Grab the best paper

Related Essays

International Human Rights law
According to the research findings it can therefore be said that though international human rights law contains many rights for the benefit of mankind but it also has its share of weaknesses and fails to be considered a foolproof law which could be exercised for the optimum benefit of the mankind without any difficulties.
15 pages (3750 words) Essay
Human Rights Law
Although, the UN has implemented adequate efforts for the proper enforcement of these rights, many situations in the present world can still be considered as examples of violations of the basic principles of these rights. The scenario of international trade is one such situation where the developed countries still exercise their authority and prevent many of the underdeveloped nations from participating fairly in commercial exchanges.
20 pages (5000 words) Essay
Human Rights in International Law
Treaties between states provide international law that has a binding legal effect between the parties that have agreed to the respective treaties. On the other hand, customary international law develops from the consistent conduct of states based on the belief that such behaviour resulted from legal requirements.
8 pages (2000 words) Essay
International Human Rights LAw
Accordingly, the same court had earlier awarded 2,000 Euros in compensation to Nadia Eweida, a British Airways attendant who was banned from wearing a cross at work. The court ruled that the employers were justified given their obligations to prevent discrimination against the consumers (Taylor 2).
3 pages (750 words) Essay
International Human Rights Law
However, the mass atrocities committed during World War II provided impetus for the recognition of the necessity of promoting and preserving human freedom and rights, which recognition is embodied in international documents such as the Atlantic Charter (1941) and the Teheran Declaration (1942).
11 pages (2750 words) Essay
International Human Rights Law
As nations become interconnected, multinational corporations create avenues for interactions with foreign nations bringing the lure of foreign investment and capital. However, critics often associate TNC’s ventures to third world countries as agents of disaster. The process
6 pages (1500 words) Essay
International Law and Human Rights
In some cases, international law was established and things such as economic sanctions and diplomatic negotiations have also resulted in the diffusion of tension between
6 pages (1500 words) Essay
International human rights law
The basis of human rights rests on equal dignity and rights given to all members of the human family and paves the way to peace and justice among the humankind. The implementation of human rights as an international good is in
6 pages (1500 words) Essay
INTERNATIONAL LAW
ter, together with the treaties, and jurisprudence established by bodies such as the International Court of Justice are among the foundations of international law. In particular, the UN Charter governs the relationship among the 192 members of the United Nations as well as the
20 pages (5000 words) Essay
International Human Rights Law
Allies comprised Great Britain, France and Russia, while the central powers included Germany, Austria and Italy. The war was fought with the objective of gaining balance of power in the world but it did not seem to have served the purpose. The
9 pages (2250 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation