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JUR 5710 Institutions and Procedures

JUR 5710 Institutions and Procedures. Introduction. Today. Course content Assignment Mock Exam Required readings Exam Expectations Introduction. Lectures : Introduction to course UN Charter and human rights bodies (ML) UN treaty bodies (ML)

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JUR 5710 Institutions and Procedures

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  1. JUR 5710Institutions and Procedures Introduction Maria Lundberg, NCHR

  2. Today • Course content • Assignment • Mock Exam • Required readings • Exam • Expectations • Introduction Maria Lundberg, NCHR

  3. Lectures: Introduction to course UN Charter and human rights bodies (ML) UN treaty bodies (ML) The human rights project (AE) (arranged by the NCHR) Regional systems I: Europe (ML) Human rights protection, present challenges (ML) Regional systems II: Americas (CB) Regional systems III: Africa (SK) Selected rights I: Torture and minority rights (ML) Selected rights II: Self-determination and Group Rights (GA) International Humanitarian Law and International Criminal Tribunals (MB) Course content This course focuses on the institutions, treaties and practices of these intergovernmental organisations, in addition to international criminal tribunals, providing a perspective of both the normative standards defining international human rights and the means by which they are monitored and implemented. Outline of course content Maria Lundberg, NCHR

  4. Assignment – Present Human Rights Challenges Review of news, a discussion on which rights are at stake, organs or institutions involved 1 page description: relevant facts, applicable law/instruments, parties, procedures and institutions Handed in on 18 September to Elisabeth Reien, elisabeth.reien@jus.uio.no Discussed and presented on 24 September Mock exam An old exam Corrected and graded Review and questions Dates to be decided Assignment and Mock Exam Maria Lundberg, NCHR

  5. Required Readings • Burgenthal, Thomas et.al, International Human Rights in a Nutshell, 3rd.ed., St. Paul, MN: West Group 2002,(49pp) • Pp:314-346 (33pp) international humanitarian law and international criminal tribunals • Pp: 402-417(16pp) NGOs • Economic, Social and Cultural Rights. A Textbook. Second Revised Edition, Asbjørn Eide, Catharina Krause and Allan Rosas (eds.),The Hague: Kluwer Law International, 2001.(97pp): • Pp: 9-54 (46pp) economic, social and cultural rights • Pp: 111-130 (20pp) self-determination and the right to development • Pp: 373-388 (16pp) minorities and indigenous peoples • Pp: 407-421 (15pp) armed conflicts • Smith, Rhona, Textbook on International Human Rights, Oxford: Oxford University Press, 2005. (252pp): • Pp: 1-183 (184): instiutions and mechanisms • Pp: 220- 233 (14pp) torture • Pp: 269- 283 (15pp) self-determination • Pp: 324-362 (39pp) minorities and group rights • TOT: 398 pp • Additional handouts consisting of UN Documents, relevant decisions and cases in support of the reading requirements (100pp) • Some of these handouts will also update literature Maria Lundberg, NCHR

  6. Expectations • ? • Review of the course Maria Lundberg, NCHR

  7. Introduction • Charter of the United Nations (1945) • Article 1 “The Purposes of the United Nations are: • To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; • To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; • To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and • To be a centre for harmonizing the actions of nations in the attainment of these common ends. Maria Lundberg, NCHR

  8. UN Charter (1) • Principal organs, Art. 7: • a General Assembly • a Security Council • an Economic and Social Council • a Trusteeship Council • an International Court of Justice • and a Secretariat. • Such subsidiary organs as may be found necessary may be established in accordance with the present Charter. Maria Lundberg, NCHR

  9. UN Charter (2) • General Assembly, Art. 13 • The General Assembly shall initiate studies and make recommendations for the purpose of: • a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification; • b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. • The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X. Maria Lundberg, NCHR

  10. UN Charter (3) • General Assembly Resolution, • 60/251 Human Rights Council: • 1. Decides to establish the Human Rights Council, based in Geneva, in replacement of the Commission on Human Rights, as a subsidiary organ of the General Assembly; the Assembly shall review the status of the Council within five years; Maria Lundberg, NCHR

  11. UN Charter (4) • Article 55 • With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: • a. higher standards of living, full employment, and conditions of economic and social progress and development; • b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and • c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. • Article 56 • All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55 Maria Lundberg, NCHR

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