INTERNATIONAL HUMAN RIGHTS LAW by pengxuebo

VIEWS: 3 PAGES: 8

									                   INTERNATIONAL HUMAN RIGHTS LAW
                   (WROTE IN 2004, MODIFIED IN 2006)

OURSE NUMBER:


COURSE TYPE: SELECTED COURSE


PREPARATORY COURSE: PUBLIC INTERNATIONAL LAW


FOLLOW-UP: INTERNATIONAL ECONOMIC LAW


CREDIT: 2


LENGTH: 34 PERIODS

REQUIRED TEXTS:

1.Thomas Buergenthal ,Dinah Shelton ,David Stewart, International Human Rights .
west group,2004.

2. Linda A.Malone, International Human rights West group,2003.

OUTLINE OF THE SUBJECT
      This course serves as an introduction to the international law of human rights and
to complement other course materials by providing students with a concise overview
of human rights norms and the institutional context within which they evolve. The
course proceeds to discuss topics such as the following: the theories about human
rights; human rights system and the united nations; regional human rights law and the
institutions; humanitarian law; non-governmental human rights organizations and the
impact of human rights issues on international business.

TEACHING METHOD:
     Combining with discussion, videos, group practice and lectures.




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            Chapter One   Toward a Theory of Universal Human Rights
4 periods
 I The Concept of Human Rights
   1. The Nature of Rights
   2.Special Features of Human Rights
   3. The Source of Human Rights
   4. The Subject of Human Rights
   5. What Human Rights do we have
II The Interdependence and Indivisibility of Human Rights
   1. The Civil-Political, Economic-Social Dichotomy
   2. Basic Rights
III Human Rights, Liberalism, and the West
   1. Human rights in Islam\traditional Africa and China
   2. The Individual, Society , and Human Rights
   3. The Relevance of Human Rights
   4. The West and Human Rights
Questions:
   1.Describe the west theories about human rights
   2.What do you understand human rights?
   3.What the subjects of human rights?

   Chapter Two Historical Antecedents of International Human Rights Law
2 periods
I Pre-world War Two Law
   1. Human Rights and Traditional International Law
   2. Humanitarian Intervention
   3. Early Human Rights Treaties
   4. The League of Nations
   (1)The Mandates System
   (2)International Labor Standards
   (3)The Minorities System
   5. State Responsibility for Injury to Aliens
   6. Responsibility of Individuals and Other Private Entities
   7. Humanitarian Law
II Current Status
   The Past and Modern International Human Rights Law
Questions:
1.What is humanitarian intervention?
2.What the relevant contents of human rights did The League of Nations deal with?
3.What is state responsibility for injury to aliens?

            Chapter Three The United Nations Human Rights System I
6 periods

                                                                                    2
I The UN Charter
 1. The San Francisco Conference and Human Rights
 2.Human Rights in the UN Charter
 (1) Article 55
 (2) Article 56
 (3) Implementation
II The International Bill of Human Rights
 1.The Universal Declaration of Human Rights
 (1) The Rights of Freedoms
 (2) Legal Effect and Political Importance
2. The International Covenants on Human Rights: Introduction
3. The Covenant on Civil and Political Rights
(1)Rights Protected
(2) Limitation
(3) Review of Compliance
4. The Human Rights Committee
(1)The Reporting Procedure
(2)General Comments
(3)Inter-State Communications
5. The First Optional Protocol to the Covenant on Civil and Political Rights
6. Second Optional Protocol to the Covenant on Civil and Political Rights
7.The Covenant on Economic, Social and Cultural Rights
(1)Nature of the Obligations
(2)Overseeing Implementation
III Other Major Un Human Rights Treaties
1.Convention on the Prevention and Punishment of the Crime of Genocide
(1)Definition
(2) Punishable Acts
(3)Jurisdiction
2. International Convention on the Elimination of All Forms of Racial Discrimination
3.International Convention on the Suppression and the Punishment of the Crime of
Apartheid
4.Convention on the Elimination of All Forms of Discrimination Against Women
(1)General Protections
(2)Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination Against Women
(3)Review of Compliance
5.Covention Against Torture and Other Cruel, Inhuman or Degrading Treatment
(1)Definition of Torture
(2)Committee Against Torture
6.Convention on the Rights of the Child
(1)Child Defined
(2)Rights Protected
(3)Enforcement

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(4)The Optional Protocols
(5)The U.S. Position
Question:
   1.How to understand fundamental human rights?
   2.Know more about International Covenants on Human Rights

          Chapter Four The United Nations Human Rights System II
2 periods
Request
I UN Charter—Based Institutions
 1.Commission on Human Rights
 2.Sug-Commission on Promotion and Protection of Human Rights
 3.Commission on the Status of Women
 4.Other UN Bodies Concerned with Human Rights
 5.Procedures for Dealing With Gross Violations of Human Rights
 (1)Resolution 1235
 (2) Resolution1503
 (3)Admissibility
6.High Commission for Human Rights
7.Field Office
8.Gross Violation of Human Rights and the UN Charter
9.UN Human Rights Conferences
II Specialized Agencies
1.The International Labor Organization
2.UNESCO and Other Specialized Agencies
Questions:
1. What the Functions of Commission on Human Rights?
2. How do the ILO and UNESCO concern the human rights?


                         Chapter Five International Courts
4 periods
I The International Court of Justice
 1.Structure and Composition
 2.Contetious and Advisory Jurisdiction
 3.Compulsory Jurisdiction Under the Optional Clause
 4.Duration of Declaration Under Article36(2)
 5.Reservations to Compulsory Jurisdiction
 (1)Disputes to Be Settled by Other Means
 (2)Dispute Within Domestic Jurisdiction
 (3)Dispute Under Multilateral Treaties
 (4)Special Disputes
 6.Rreservations Concerning National Security and Self-Defense
 7.Effect and Enforcement of Judgments

                                                                   4
 8.Advisory Jurisdiction
 9.Legal Effect
 10.Preliminary Relief
II The International Criminal Court
 1.Jursdiction
 2.The U.S. Position
III Other International Courts of European Jurisdictions
 1. Court of Justice of the European Union
 (1)Function
 (2)Structure
 (3)Jurisdiction
 (4)Precedence
 (5)Sources of Law
 (6)The Court of First Instance
 (7)Application of the European Convention on Human Rights
 2. European Court of Human Rights
Questions
 1. Describe the procedures and functions of International Court to deal with the
     cases of human rights
 2. Understand something about Court of Justice of the European Union.

         Chapter Six     Regional Human Rights Law and Institutions
6 periods
I The European System
 1.The European Convention on Human Rights
 2.The European Social Charter
II The institution of the European Regime
 1.European Commission of Human Rights
 (1)Compulsory Jurisdiction
 (2)Optional Jurisdiction
 2.European Court of Human Rights
 3.Committee of Ministers of Council of Europe
III The Process of Implementation and Enforcement
 1.Enforcement Process Prior to Protocol 11
 (1)Stage1
 (2)Stage2
 (3)Stage 3
 2. Committee of Ministers
 3.European Court of Human Rights
 4.The European Court of Human Rights and the Enforcement Process After Protocol
11
 5.The European Social Charter
IV Inter-American System—Human Rights Law
 1.The Organization of American States: A Historical Overview

                                                                                5
 2.Mondern OAS Charter
 3.The OAS Charter
 4.The American Declaration of The Rights And Duties Of Man
 (1)Rights
 (2)Duties
 5.The Relationship Between the Inter-American Commission on Human Rights and
the OAS
 6.The Commission as and OAS Charter Organ
 7.The American Convention on Human Rights
V The African System of Human and Peoples’ Rights
 1.State Obligations
 2.The African Commission on Human and Peoples’ Rights
 3.Interstate Complaints
 4.Individual Complaints
 5.An African Court on Human Rights
Questions
 1. Understand the European System for human rights.
 2. Understand Inter-American System for human rights.
 3. Understand The African System of Human and Peoples’ Rights

             Chapter Seven      Humanitarian Intervention by the U.N
4 periods
I Historic Development of the Security Council
   Background
II Chapter VI: Pacific Settlement of Disputes
III Chapter VII: Action With Respect to Threats to the Peace, Breaches of The
   Peace, and Acts of Aggression
 1.An Alternative When Pacific Settlement Is Ineffective
 2.Definiton of Aggression
 3.Peovisions of Forces for Enforcement
 4.Humanitarian Intervention Under Chapter VII
 5.Specific Enforcement Action Under Chapter VII
 (1)Kurds
 (2)Somalia
 (3)Bosnian “No—Fly Zones”
 (4)Rwanda
 (5)Haiti
 (6)The International Tribunals for the Former Yugoslavia (ICTY) and Rwanda
   (ICTR)
IV Humanitarian Intervention by State
 1. Pro-Intervention
 2.Anti-Intervention
Questions
1. Human rights and conflicts of international societies

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2. How do you understand humanitarian intervention by the U.N in one’s state?

             Chapter Eight     Humanitarian Law of Armed Conflict
4 periods
I Sources of the Law of Armed Conflict
 1.Coutomary Law
 2.International Treaties
II Protections Provided by The Hague and Geneva Conventions
  1.Protection of the Individual
 (1)Protection Extended to Combatants
 (2)Protection Extended to Wounded, Sick and Shipwrecked Combatants
 (3)Protection Extended to Prisoners of War
 (4)Protection Extended to Civilians
  2.Protection of Property
 (1) Military Installations
 (2)The Civilian Populace
 (3)Areas With Special Protection
 3.Conflicts Encompassed by the Geneva Conventions and Protocols
 (1)International Conflicts
 (2)Civil Wars
 (3) Wars of Self-Determination
 4. Applicability of General Human Rights During Armed Conflict
 5.Sanctions and Enforcement: Several Treaties and Conventions Contain Sanction
    and Enforcement Provisions
 (1) The Hague Conventions of 1907
 (2) The Geneva Conventions of 1949
 (3) The 1977 Protocol to the Geneva Convention
 (4) The Nuremberg Principles
 (5) War Crimes Tribunals And The International Criminal Court
III September11,2001 and “Unlawful Combatant ”Status
Questions:
1. How to understand The Hague and Geneva Conventions?
2. How to understand Wars of Self-Determination

                 Chapter Nine      Source of Human Rights Law
2 periods
I Two Approaches to Customary International Law
 1.Objectivist/Sociological Approach
 2.Participatiory/Voluntarist Approach
II Establishments of an International Custom
 1.Quantitative Factors
 2.Use of Regional Custom
 3.Local Customary Rights
 4.Qualitative Factor—Opinio Juris

                                                                                7
III Resolutions and Recommendations of International Organizations
IV Application of International Customary Law
 1.Clear and Consistent Objection
 2. Historic Departure
V Relationship Between Treaties and Customary International Law
 1.Equal Weight Standard
 2.Treaty as Evidence of Custom
 (1)Multilateral Convention Provisions as Custom
 (2)Treaties as Codification of Custom
Questions:
 1. What are the sources of human rights law?

Reference Books and Online Research Guide for International Human Rights
Law
 Books:
 1. David P.Forsythe ,Human Rights in International Relations. The Press Syndicate of the
     University of Cambridge, 2000.
 2. Ming Wan, Human Rights in Chinese Foreign Relations. University of Pennsylvania
     Press,2001.
 3. Jack.. Donnelly, Universal Human Rights in Theory and Practice. Cornell University
     Press,2003
 4. Tim. Dunne and Nicholas J. Wheeler, Human Rights in Global Politics. Cambridge
     University Press,1999.
 5. [英]克莱尔. 奥.欧洲人权法:原则与判例[M] .北京大学出版社,2006.
 6. [奥地利]人的安全网络编写组.人权教育手册[M] .三联书店,2005.
Online Research Guide
 1. United Nation’s Documentation Research Guide by the Dag Hammarskjold Library,
     http://www.un.org/Depts/dhl/
 2. Human Rights law Research Guide by E.B.Williams Library
  http://www.ll.georgetown.edu/intl/guides/humanrights/


WRITTEN BY:XIA QINGXIA
EXAMINED AND APPROVED BY: SHEN MUZHU
JULY15, 2006




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