WUNRN
The international human rights movement was strengthened when the United Nations General Assembly adopted of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Drafted as ‘a common standard of achievement for all peoples and nations', the Declaration for the first time in human history spell out basic civil, political, economic, social and cultural rights that all human beings should enjoy. It has over time been widely accepted as the fundamental norms of human rights that everyone should respect and protect. The UDHR, together with the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, form the so - called International Bill of Human Rights.
A series of international human rights treaties and other instruments adopted since 1945 have conferred legal form on inherent human rights and developed the body of international human rights. Other instruments have been adopted at the regional level reflecting the particular human rights concerns of the region and providing for specific mechanisms of protection. Most States have also adopted constitutions and other laws which formally protect basic human rights. While international treaties and customary law form the backbone of international human rights law other instruments, such as declarations, guidelines and principles adopted at the international level contribute to its understanding, implementation and development. Respect for human rights requires the establishment of the rule of law at the national and international levels.
International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.
Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.
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http://en.wikipedia.org/wiki/Public_international_law
Conflicts
Between Public International Law and National Sovereignty
The conflict
between international law and national sovereignty is subject to vigorous
debate and dispute in academia, diplomacy, and politics. Certainly, there is a
growing trend toward judging a state's domestic actions in the light of
international law and standards. Numerous people now view the nation-state as
the primary unit of international affairs, and believe that only states may
choose to voluntarily enter into commitments under international law, and that
they have the right to follow their own counsel when it comes to interpretation
of their commitments. Certain scholars and political leaders feel that these
modern developments endanger nation states by taking power away from state
governments and ceding it to international bodies such as the U.N..............
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----- Original Message -----
From: WUNRN
ListServe
To: WUNRN ListServe
Sent: Friday, March 20, 2009 6:18 PM
Subject: International Law - Country Level Domestication After
Ratification
WUNRN
References on the complex issue
of DOMESTICATION OF INTERNATIONAL LAWS/TREATIES (such as CEDAW), after
ratification on the international level by countries.
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Asia Pacific Pacific Islands Treaty
Series
University of the South Pacific School of Law
2. Enforceability of International Law
Because treaties are instruments normally endorsed by state parties, they are generally considered as the most prominent source of international law. The Vienna Convention on the Law of Treaties 1969 was established to regulate treaty making between state parties as well as state parties and organisations. Under the Vienna Convention on the Law of Treaties 1969, the consent of a state to be bound by a treaty (and therefore for the treaty to apply to the state at an international plane) may be expressed by way of “signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession or by any other means if so agreed”.
However, a different process altogether may be necessary in order for a treaty to be applicable at a domestic level.
Unless a treaty accepted by any Pacific Island state is incorporated into the domestic laws (domestication) of the Pacific Island state, the rights and obligations contained in such a treaty are inapplicable and unenforceable domestically in the Pacific Island state concerned.
The Vienna Convention addresses the question of how states accept international obligations arising from treaties but does not regulate how states may bring about the implementation of the treaties at domestic level which they have made applicable to them internationally. This question is left to the Pacific Island states. Accordingly, the question of “how” depends on the legal system in that particular state.
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