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Group protective rights in international law - Essay Example
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…
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". ...