Tuesday, March 10, 2020
Limitations of International law in protecting human rights essays
Limitations of International law in protecting human rights essays The term International Law refers to the principles and rules of conduct that nations regard as binding and, therefore, are expected to and usually do conform to, in their relations with one another and their conduct toward their own people. The chief rights recognized in international law correlate to human rights. Fundamental Human rights include: protection against slavery, the right to self-determination (determining your own fate), freedom from torture, freedom of thought, and the right to be presumed innocent until proven otherwise. Now many human rights are protected by international law, but the question of how effective it is, is itself questionable. While nations choose to participate in international law, it is extremely effective. However, the second when a nation feels it neednt adopt an international agreement, such as when Israel failed to ratify the U.N Convention for the Ban on Torture, then very little can be done. Even when a nation has signed an agreement (which she is under no obligation to do) there is virtually no way the international community can ensure that it abides by the agreement. An international judicial organ exists (International Court of Justice), but its powers are limited by the concept of state sovereignty. Which is to say a nation has the authority of being independent and in charge of the conditions in which it choose to live. In this case, the sovereign right not to part take in a court case which would potentially deem it guilty of refusing rights to its citizens, however, even then there is no way to force the verdict on the guilty party. In addition, the formal process for regular review of human rights in states is a self-reporting system in which the state in expected to disclose all abuses. However, as one can imagine no nation would want to incriminate themselves, and taint their image in the international community by doing so. Consequently, most abuses go unreported an ...
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