Human rights and the international legal order

Human Rights and International Legal Order

Human Rights in International Law:

Human rights are part of global rules and agreements.

Human Rights in Real Life:

Understanding Human Rights and Globalization:

From Old Empires to Today:

After World War II, the world changed from European colonial rule to a system where countries
depend on each other.

Big organizations like the IMF, World Bank, and WTO help manage this global cooperation.

United Nations (UN) Background:

Created for peace after World War II.

Human rights weren't the main focus at first; more emphasis was on preventing war and
respecting each state's independence.

World War II Impact on Human Rights:

After the war, protecting individual rights became more important.

Nuremberg Trials after World War II showed that governments can be held accountable for
harming people.

Human Rights in the UN Charter:

The UN Charter started to include human rights, but its focus has grown over time.

Universal Declaration of Human Rights (UDHR):

Made in 1948, not legally binding but sets goals for all countries.

Talks about all kinds of human rights being connected and equally important.

International Human Rights Treaties:

Legal agreements made later, like ICESCR and ICCPR, are part of the International Bill of Rights.
Other treaties focus on specific groups, like women and children.

Evolving Human Rights:

Human rights laws change as the world's political priorities change.

Vienna and Millennium Declarations show how rights are linked to big issues like development
and democracy.

What the Declaration Represents:

It's based on non-religious values.

Focuses on basic human rights like life, freedom, and being treated fairly.

Key Takeaways:

Human rights are a key part of how countries work together globally.

The UN and other big international groups play a big role in this.

Over time, protecting human rights has become more important in international agreements.

Notes on Categories of Rights and Their Transformation

Understanding Human Rights Law:

Human rights law is growing and changing.

Think about these three things:

How does the UN and regional systems view human rights law?

How is human rights law part of other international groups' work?

What are the differences in how different organizations handle human rights?

Types of Human Rights:

First-Generation Rights: These are basic freedoms like speech and protection from torture.
They stop the state from harming individuals.

Second-Generation Rights: These include rights to food, shelter, and education. The state must
do something to ensure these rights.
Third-Generation Rights: Also called ‘solidarity rights’. These are rights enjoyed together, like
the rights of groups and development rights.

Challenges in Defining Rights:

The clear separation between these categories is not always there. Some rights overlap and
support each other.

For example, the right to free speech (a first-generation right) needs education (a second-
generation right) to be meaningful.

Economic and Social Rights Debate:

There's a debate whether these rights are different from civil and political rights.

Some see economic and social rights as goals or principles, not actual rights.

Others argue they are real rights but different because they need more resources and are about
policy choices, making them hard for courts to enforce.

UN’s Role and Obligations:

The UN says all human rights are connected and should be treated equally.

The ICESCR (a key treaty , The International Covenant on Economic, Social and Cultural Rights) talks
about progressive realization of rights, meaning states should work towards these rights as they
can.

The Committee says states have duties to respect, protect, and fulfill these rights.

Key Points:

It's hard to draw clear lines between different types of rights.

Understanding human rights is about seeing how they all work together.

Human Rights Obligations of IMF, World Bank, and WTO

Essential Reading:

Leader, S.: "Human Rights and International Trade" in Sheeran and Rodley (eds).

Muchlinski, P.: "International Finance and Investment and Human Rights" in Sheeran and
Rodley (eds).

Joseph, S.: "Trade Law and Investment Law" in Shelton (ed.).

 Key Points:

Background:

The IMF, WTO, and World Bank are international institutions created by treaties.

WTO: Regulates global trade.

IMF and World Bank: Regulate world finance, give loans, and help in economic development.

Focus on Human Rights:

How these institutions use human rights in their roles is crucial.

World Bank Overview:

Founded at Bretton Woods in 1944 for post-war reconstruction.

Criticized for inadequate support to developing countries and exacerbating debt crises.

Provides low-interest loans and grants, especially to poorer countries.

Human Rights and Economic Development:

Since the late 1980s, human rights became integral to the Bank’s mission.

Initially, the focus was separate – on economic goals like poverty relief.

Now, human rights are seen as essential to development but dependent on good governance,
democracy, and lack of corruption.

Emphasizes the interdependence of rights (civil, political, economic, social, and cultural).

Bank’s Approach to Rights:

Rights are effective only with proper social, legal, and economic infrastructures.

A functioning legal system and judiciary, free from corruption, are necessary for protecting
human rights.

Stresses the indivisibility of different types of rights.

Understanding the Institutions:

International Monetary Fund (IMF) and World Bank:

Aim to stabilize global economy and assist in economic growth, especially in developing
nations.

Their policies often impact human rights through economic conditions and reforms they
propose or require.

World Trade Organization (WTO):

Oversees international trade rules and agreements.

Its policies can affect human rights by influencing global trade practices and labor standards.

Remember:

Understanding the role of these institutions in the context of human rights requires considering
both their economic actions and the broader human rights implications.

The shift towards integrating human rights into economic and trade policies reflects a holistic
approach to development and global governance.

IMF's Role in Human Rights

Overview of IMF:

International Monetary Fund (IMF): Established to coordinate global monetary cooperation.

Main Objectives:

Promote balanced international trade.

Encourage high employment and real income.

Support the development of national economies.

Maintain exchange stability and orderly exchange arrangements.

IMF's Economic Objectives:

Initially focused on economic goals like reducing poverty indirectly.

Offers temporary financial aid to countries struggling with balance of payments.

IMF and Human Rights:

Economic Development and Poverty Reduction:

By aiding economic development, the IMF contributes to reducing poverty, respecting human dignity.
Challenges:

Austerity measures imposed by the IMF may negatively affect the poor and vulnerable.

High inflation harms economic growth, affecting the poor significantly.

Trade and Governance:

Trade growth can improve living standards.

IMF supports creating governance structures that encourage poverty reduction.

Legal System and Investment:

A robust legal system that protects property rights is essential for attracting investments.

Investment treaties allow investments in reforming states, potentially bypassing national courts.

Investment Treaties and Human Rights:

Investment Protection:

Investment treaties protect foreign investments, but can neglect human rights implications.

Example – Chinese Investment in DRC:

Investments in natural resources without considering health, safety, fair wages, or local communities'
rights.

Private Sector Role:

Private sector and powerful states play a significant role in exploiting resources in impoverished states.

Key Takeaways:

IMF’s economic objectives intersect with human rights, especially in poverty reduction.

However, its measures can have both positive and negative impacts on human rights.

Investments and economic policies need to consider human rights implications more thoroughly.

The role of non-state actors in development and human rights is increasingly important.

World Trade Organization (WTO) and Human Rights

Origins and Purpose of WTO:

Began as GATT: General Agreement on Tariffs and Trade in 1947.

Creation of WTO: Established in 1994 after the Uruguay Round of trade talks.
 Role: Regulates and coordinates world trade.

Key Principles of WTO:

Trade Without Discrimination: Nations should treat all trading partners equally.

Equal Treatment for Goods: Imported and local goods should face the same tariffs and taxes.

Promotion of Free Trade: Ongoing negotiations aim at the realization of free trade globally.

WTO and Human Rights:

Main Question: Should the WTO consider human rights in regulating world trade?

Complexity: Raises questions about the nature and scope of human rights.

Are organizations and companies subject to human rights obligations?

Independent Development: Human rights law and trade law have evolved separately.

Intellectual property rules have sometimes limited access to essential medicines.

Privatization policies have impacted access to education, water, healthcare, etc.

Challenges and Controversies:

Access to Medicines: Intellectual property rules have affected the availability of drugs for HIV/AIDS,
malaria, and TB in the developing world.

Impact of Privatization: In many countries, privatization has made basic services less accessible.

Legitimacy and Quality of Life: These issues have affected the trust in national and global institutions
and negatively impacted the lives of millions.

Key Takeaways:

The WTO focuses on free and fair trade but faces challenges in integrating human rights concerns.

There is a growing need to consider the impact of trade policies on fundamental human rights.

The interaction between trade and human rights is complex and requires careful consideration.

The NIEO and The Right to Development

The NIEO (New International Economic Order)

 Start: The UN Conference on Trade and Development (UNCTAD) started in 1964.

 Goal: In 1973, they wanted to make a new way for countries to do business with each other,
called the NIEO.
 Ideas Behind NIEO: They wanted fairness, countries to be equal, and to work together.
 Plans: They suggested fair trade between countries, especially those still developing. They also
thought about using money saved from reducing weapons to help countries develop.
 Problems: Countries couldn't agree on how to do this. So, the NIEO didn't become a big part of
international law and is not much talked about now.

The Right to Development (1986)

 What It Is: The UN said in 1986 that there's a human right to development.
 Meaning: It’s about solving economic, social, and cultural problems and promoting human
rights.
 Focus: This right is about improving life for everyone, making sure people have a say in their
community, and sharing the benefits fairly.
 How It's Different: Unlike the NIEO, this focuses more on individual people rather than just
countries working together.
 What It Says:
 Article 1: People should be involved in development and control their resources.
 Article 2: Development is about helping people in a fair way.
 Article 3: Countries should help each other.
 Article 4: They should work together on development plans.
 Article 5: It’s against apartheid and human rights abuses.
 Challenge: It's a challenge for both developed and developing countries.

After 1986

 Changes: There have been more plans to help developing countries.

 Sustainable Development Goals: These are new goals set by the UN to help the poorest
people.
 Debt Relief: Campaigns like Jubilee 2000 helped reduce debt for poor countries. The World
Bank and IMF also worked on this.

Conclusion

The NIEO and the Right to Development were about making the world fairer, especially for
developing countries. They talked about how countries trade and help each other. The Right to
Development changed the focus a bit more towards people and not just countries. There have
been many efforts since then to keep working on these ideas.

International Civil Society and Its Role

Introduction to International Civil Society

 What is it?: International civil society is like a big group of organizations that are not part of any
government. These groups, often called NGOs (non-governmental organizations), work on
different issues like human rights, health, or the environment.

Background

 Start: It began with the United Nations Conference on Trade and Development (UNCTAD) in
1964.
 Purpose: These groups want to help people and make the world a better place, focusing on
different areas of society.

Different Types of NGOs

 Local vs. International: Some NGOs work in just one country, while others (INGOs) work all
over the world.
 Different Focuses: Some focus on human rights, others on specific issues like helping children
(Save the Children), fighting poverty (Oxfam), or providing medical help (Médecins Sans
Frontières).

The Role of NGOs

 Promoting Human Rights: These groups play a big part in protecting and promoting human
rights.
 Variety of Tasks: They do many things like helping people in need, talking about important
issues, and trying to make changes in laws or policies.
 Not Always Good: Not all NGOs are doing good things. Some might work for businesses like
oil or tobacco companies and protect their interests.
 Influence: NGOs can influence what people think about issues and can help change laws and
policies.

Funding and Structure

 Where Money Comes From: NGOs get money from donations, governments, or other
organizations.
 How They Work: They have their own rules on how they are run and who makes decisions.

Historical Context

 Jürgen Habermas’ Ideas: He was a thinker who talked about how groups of people in society
come together to discuss and solve problems.
 Public Sphere Development: Over time, people started to have more say in politics and
business. This led to the growth of civil society.
 Civil Society Beyond Borders

 International Focus: Some groups focus on issues that go beyond one country, like ending
slavery or changing trade laws.

Conclusion

 International Civil Society Today: These groups are important in talking about and solving big
world issues. They help people understand important topics and can lead to big changes in how
countries work together and make laws.

Civil Society and Human Rights

1. Civil Society and Human Rights

 Civil Society: It's like a big group of organizations and people who are not part of the government. They
include groups like charities, business associations, and clubs.
 Human Rights: These are rights every person should have, like freedom of speech and safety.
 Link to Democracy: Civil society is important in a democracy. The state (government) exists to make life
better for its people and should not take away important rights.
 Role of Civil Society: These groups help watch what the government is doing. They need things like a
free press and good schools to work well.
 Challenges: Some people, like those who are poor or from minority groups, might not be heard in civil
society.

2. International Civil Society and Human Rights

 Different from National Civil Society: At the international level, there isn't a global government like
there are in countries, so it's a bit different.
 John Rawls' Ideas: He was a thinker who talked about how countries can work together. He believed in
justice and democracy.
 Principles for Countries: Rawls suggested that countries should be free, respect each other, not fight,
and follow agreements. They should also respect human rights.
 Challenge: Not all countries are democratic or respect human rights.

3. NGOs/INGOs and Civil Society

 Important Role: Groups like Amnesty International play a big role in civil society. They work on issues
like human rights.
 Amnesty International: Started in 1961 to help prisoners who were treated unfairly. They write letters
to governments to help these prisoners.
 Ideas and Focus: These groups choose what issues to work on. Amnesty focuses on things like fair trials,
but not on other issues like housing.
 Being Careful: They have to be careful about what they say and do to be trusted and work with
governments.
 Criticisms: Sometimes people think that these groups are too close to big organizations like the World
Bank, which can be controversial.

Conclusion

 Civil Society's Role: Civil society helps make sure governments are doing the right thing and respecting
human rights.
 International Civil Society: At the global level, it's about countries and big organizations working
together, but it's complicated because not all countries have the same views on democracy and rights.
 Groups Like Amnesty: They do important work but have to make careful choices about what issues to
focus on.