International Human Rights Law Exam
Questions with all Correct Answers
Core Content" - ANSWER-The absolute minimum need that must be ensured, without which rights would be
meaningless
.A declaration - ANSWER-a statement giving notice of basic principles or policies, rather than a formal
reservation derogating obligations stipulated under the treaty
.Accede - ANSWER-Provision in most treaties as to when they begin to be binding--if country joins after the
binding date, they simply "accede"
.Alien Tort Statute - ANSWER-is a section of the United States Code that reads: "The district courts shall have
original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or
a treaty of the United States." Since 1980, courts have interpreted this statute to allow foreign citizens to seek
remedies in U.S. courts for human-rights violations for conduct committed outside the United States.
(Gives teeth to international law)
.American Anthropological Association, "Statement on Human Rights" (1947) Main Argument - ANSWER-1. The
individual realizes his personality through his culture, hence respect for individual differences entails a respect
for cultural differences
2. Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively
evaluating cultures has been discovered
3. Standards and values are relative to the culture from which they derive so that any attempt to formulate
postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the
applicability of any declaration of human rights to mankind as a whole
.Article 38(1)(c) of the International Court's Statute - ANSWER-authorizing courts to draw upon general
principles of law to fill gaps left by conventional and customary laws
,.Berlin Argument for Socioeconomic Rights - ANSWER-What is freedom to those who cannot make use of it?
What are rights without the power to implement them? "Liberty is one thing, and the conditions for it are
another"
.Categorical Imperative - ANSWER-What ought to be done, what is obligatory, what is right, what is duty, what
is just. Not what it would be nice to see done one day, but what is demanded by the basic norms of morality or
justice
.China's Charter 08 Fundamental Principles - ANSWER--Freedom
-Human Rights
-Equality
-Republicanism
-Democracy
-Constitutional Rule
.China's Charter Recommendations - ANSWER--A new constitution
-Separation of powers
-Legislative Democracy
-An Independent Judiciary
-Public control of military (nonpartisan)
-Guarantee of Human Rights, abolishment of "education through labor"
-Election of Public Officials
-Rural-urban Equality (abolishment of two-tier household registry system)
-Freedom to Form Groups (should not need government approval)
-Freedom to Assemble
-Freedom of Expression + Freedom of Press (End practice of viewing words as crimes)
-Freedom of religion (no gov. approval)
, -Civic Education (No partisan education)
-Free markets and protection of private property, including privatizing state enterprises and land.
-Financial and tax reform.
-Social security.
-Protection of the environment.
-A federated republic.
-Truth in reconciliation
.codification - ANSWER-The act or process of rendering laws in written form
.Codification of international law - ANSWER-The more precise formulation and systemization of rules of
international law in fields were there already has been extensive state practice, precedent, and doctrine
.Conflicts between Human Rights and Cultural Acceptance (Ignatieff) - ANSWER-E.g. Female genital mutilation
is disdained by human rights activists, but in the eyes of many of the women affected, it is a "price" they must
pay in order to belong to their tribe or family. If they refuse, they are ostracized from their community.
.Convention on the Elimination of all forms of discrimination against women (CEDAW) - ANSWER-
.Core of Declaration of Human Rights according to Ignatieff - ANSWER-Moral individualism (as protection
against totalitarianism)
.Cultural Relativism - ANSWER-Cultural relativism is the principle of regarding the beliefs, values, and practices
of a culture from the viewpoint of that culture itself. Originating in the work of Franz Boas in the early 20th
century, cultural relativism has greatly influenced social sciences such as anthropology.
.Custom - ANSWER-Oldest form of international law
.Customary International Law - ANSWER-Certain maxims and customs consecrated by long use, and observed
Questions with all Correct Answers
Core Content" - ANSWER-The absolute minimum need that must be ensured, without which rights would be
meaningless
.A declaration - ANSWER-a statement giving notice of basic principles or policies, rather than a formal
reservation derogating obligations stipulated under the treaty
.Accede - ANSWER-Provision in most treaties as to when they begin to be binding--if country joins after the
binding date, they simply "accede"
.Alien Tort Statute - ANSWER-is a section of the United States Code that reads: "The district courts shall have
original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or
a treaty of the United States." Since 1980, courts have interpreted this statute to allow foreign citizens to seek
remedies in U.S. courts for human-rights violations for conduct committed outside the United States.
(Gives teeth to international law)
.American Anthropological Association, "Statement on Human Rights" (1947) Main Argument - ANSWER-1. The
individual realizes his personality through his culture, hence respect for individual differences entails a respect
for cultural differences
2. Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively
evaluating cultures has been discovered
3. Standards and values are relative to the culture from which they derive so that any attempt to formulate
postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the
applicability of any declaration of human rights to mankind as a whole
.Article 38(1)(c) of the International Court's Statute - ANSWER-authorizing courts to draw upon general
principles of law to fill gaps left by conventional and customary laws
,.Berlin Argument for Socioeconomic Rights - ANSWER-What is freedom to those who cannot make use of it?
What are rights without the power to implement them? "Liberty is one thing, and the conditions for it are
another"
.Categorical Imperative - ANSWER-What ought to be done, what is obligatory, what is right, what is duty, what
is just. Not what it would be nice to see done one day, but what is demanded by the basic norms of morality or
justice
.China's Charter 08 Fundamental Principles - ANSWER--Freedom
-Human Rights
-Equality
-Republicanism
-Democracy
-Constitutional Rule
.China's Charter Recommendations - ANSWER--A new constitution
-Separation of powers
-Legislative Democracy
-An Independent Judiciary
-Public control of military (nonpartisan)
-Guarantee of Human Rights, abolishment of "education through labor"
-Election of Public Officials
-Rural-urban Equality (abolishment of two-tier household registry system)
-Freedom to Form Groups (should not need government approval)
-Freedom to Assemble
-Freedom of Expression + Freedom of Press (End practice of viewing words as crimes)
-Freedom of religion (no gov. approval)
, -Civic Education (No partisan education)
-Free markets and protection of private property, including privatizing state enterprises and land.
-Financial and tax reform.
-Social security.
-Protection of the environment.
-A federated republic.
-Truth in reconciliation
.codification - ANSWER-The act or process of rendering laws in written form
.Codification of international law - ANSWER-The more precise formulation and systemization of rules of
international law in fields were there already has been extensive state practice, precedent, and doctrine
.Conflicts between Human Rights and Cultural Acceptance (Ignatieff) - ANSWER-E.g. Female genital mutilation
is disdained by human rights activists, but in the eyes of many of the women affected, it is a "price" they must
pay in order to belong to their tribe or family. If they refuse, they are ostracized from their community.
.Convention on the Elimination of all forms of discrimination against women (CEDAW) - ANSWER-
.Core of Declaration of Human Rights according to Ignatieff - ANSWER-Moral individualism (as protection
against totalitarianism)
.Cultural Relativism - ANSWER-Cultural relativism is the principle of regarding the beliefs, values, and practices
of a culture from the viewpoint of that culture itself. Originating in the work of Franz Boas in the early 20th
century, cultural relativism has greatly influenced social sciences such as anthropology.
.Custom - ANSWER-Oldest form of international law
.Customary International Law - ANSWER-Certain maxims and customs consecrated by long use, and observed
