Global Governance: Human Rights and Environment
Key definitions:
human rights: rights that people are entitled to by virtue of being human
universal human rights: rights that apply to people of all societies regardless of cultural or
other differences
international law: laws that govern states and other international actors
International Court of Justice (ICJ): the principle judicial organ of the United Nations
International Criminal Court (ICC): organisation that prosecutes individuals for the
international crimes of genocide, crimes against humanity and war crimes
International tribunal: organisations set up to prosecute individuals in specific states for the
crimes of genocide, crimes against humanity, and war crimes
United Nations Framework Convention on Climate Change (UNFCCC): an international
environmental treaty negotiated at the Earth Summit in Rio de Janerio in 1992
Intergovernmental Panel on Climate Change (IPCC): UN body set up in 1988 as an
internationally accepted authority on climate change
sustainability: the capacity to endure
sustainable development: development that meets the needs of the present, without
compromising the ability of future generations to meet their own needs
tragedy of the commons: situation within a shared-resource system where individual users
acting independently and rationally according to their own self-interest behave contrary to
the common good of all users by depleting that resource
global commons: area and resources that are un-owned and consequently beyond national
jurisdiction
Human Rights
Human rights are entitlements that are inherent to all human beings irrespective of anything (e.g.
sex, age, religion, sexuality, language, race). They are universal (applicable to all human beings) and
inalienable (they should not be taken away). The event s of WWII led to the prioritising of human
rights and the Universal Declaration of Human Rights in 1948, which was the basis for the European
Convention on Human Rights of 1950 and is widely acknowledged to be the foundation of
international human rights law.
There is tension between the concept of universal and inalienable rights, and the sovereignty of the
state.
International law is essentially the rules governing relationships between states. There is debate
about the concept of international law as, in an international system, there is no compulsion as
states are sovereign. International law is not codified but there are a number of sources (e.g. treaties
and conventions, international custom (e.g. diplomatic immunity, the general principles of law
recognised by civilised nations, judicial decisions, legal writings). The Nuremberg and Tokyo tribunals
after the WWII were significant in the development of international law on human rights.
, International Court of Justice
founded in 1945 and based in The Hague (Netherlands)
main arbitration organ of the UN
adjudicates on disputed between member states of the UN and makes judgements on issues
brought to it by UN organisations and specialist agencies
International Criminal Court
came into force in 2002 (set up by the 1998 Rome Statute), based in The Hague and separate
to the ICJ
responsible for investigating and putting on trials individuals who have been accused of
some of the most horrific crimes in the world (e.g. genocide, war crimes)
permanent court that replaces the ad hoc trials that have been used to bring prosecutions
against suspected war criminals and despots (Yugoslavia and Rwanda)
aim is to work in addition to national courts, not replace them; only tries a case where a
national court system has not been willing or able to bring an individual to justice = court of
last resort
124 states have signed up to the Rome Statute but some countries (USA, China, India and
Israel) not bound by the full requirements of the court
October 2016 = South Africa, Burundi and the Gambia announced that they were going to
withdraw from the Rome Statute = perception among African countries that the ICC is biased
against Africans = most ICC investigations and trials have been of African and only Africans
have been issues arrest warrants = makes the ICC look like a colonial organisation
Russia looks like it will remove its signature, predictably as it may face punishment over the
annexation of Crimea and its action in the Syrian Civil War
Special UN tribunals
two notable UN international tribunals = forerunners to the International Criminal Court
International Criminal Tribunal for the former Yugoslavia (1993) = set up to bring to justice
those responsible for genocide, war crimes and crimes against humanity in the Balkans
International Criminal Tribunal for Rwanda = set up as a response to the genocide and mass
killings (1994) = indicted 93 individuals
European Court of Human Rights (ECHR)
Council of Europe (1949) = set up in response to human-rights abuses of the Holocaust
ECHR aims to promote human rights, democracy and the rule of law in Europe
47 states = all signed to European Convention of Human Rights, upheld by the European
Court of Human Rights (based in Strasbourg)
the ECHR (not related to the EU) = court of last resort for individuals or groups who feel that
their rights have been breached by a signatory state = they may appeal to the court to have
their case heard if all other legal avenues have been exhausted
Court's rulings are not directly enforceable but all signatory states have agreed under
international treaty to uphold its rulings
Sources of authority, including the 1948 Universal Declaration of Human Rights: In the immediate
aftermath of WWII there were two international tribunals to deal with those responsible for
Key definitions:
human rights: rights that people are entitled to by virtue of being human
universal human rights: rights that apply to people of all societies regardless of cultural or
other differences
international law: laws that govern states and other international actors
International Court of Justice (ICJ): the principle judicial organ of the United Nations
International Criminal Court (ICC): organisation that prosecutes individuals for the
international crimes of genocide, crimes against humanity and war crimes
International tribunal: organisations set up to prosecute individuals in specific states for the
crimes of genocide, crimes against humanity, and war crimes
United Nations Framework Convention on Climate Change (UNFCCC): an international
environmental treaty negotiated at the Earth Summit in Rio de Janerio in 1992
Intergovernmental Panel on Climate Change (IPCC): UN body set up in 1988 as an
internationally accepted authority on climate change
sustainability: the capacity to endure
sustainable development: development that meets the needs of the present, without
compromising the ability of future generations to meet their own needs
tragedy of the commons: situation within a shared-resource system where individual users
acting independently and rationally according to their own self-interest behave contrary to
the common good of all users by depleting that resource
global commons: area and resources that are un-owned and consequently beyond national
jurisdiction
Human Rights
Human rights are entitlements that are inherent to all human beings irrespective of anything (e.g.
sex, age, religion, sexuality, language, race). They are universal (applicable to all human beings) and
inalienable (they should not be taken away). The event s of WWII led to the prioritising of human
rights and the Universal Declaration of Human Rights in 1948, which was the basis for the European
Convention on Human Rights of 1950 and is widely acknowledged to be the foundation of
international human rights law.
There is tension between the concept of universal and inalienable rights, and the sovereignty of the
state.
International law is essentially the rules governing relationships between states. There is debate
about the concept of international law as, in an international system, there is no compulsion as
states are sovereign. International law is not codified but there are a number of sources (e.g. treaties
and conventions, international custom (e.g. diplomatic immunity, the general principles of law
recognised by civilised nations, judicial decisions, legal writings). The Nuremberg and Tokyo tribunals
after the WWII were significant in the development of international law on human rights.
, International Court of Justice
founded in 1945 and based in The Hague (Netherlands)
main arbitration organ of the UN
adjudicates on disputed between member states of the UN and makes judgements on issues
brought to it by UN organisations and specialist agencies
International Criminal Court
came into force in 2002 (set up by the 1998 Rome Statute), based in The Hague and separate
to the ICJ
responsible for investigating and putting on trials individuals who have been accused of
some of the most horrific crimes in the world (e.g. genocide, war crimes)
permanent court that replaces the ad hoc trials that have been used to bring prosecutions
against suspected war criminals and despots (Yugoslavia and Rwanda)
aim is to work in addition to national courts, not replace them; only tries a case where a
national court system has not been willing or able to bring an individual to justice = court of
last resort
124 states have signed up to the Rome Statute but some countries (USA, China, India and
Israel) not bound by the full requirements of the court
October 2016 = South Africa, Burundi and the Gambia announced that they were going to
withdraw from the Rome Statute = perception among African countries that the ICC is biased
against Africans = most ICC investigations and trials have been of African and only Africans
have been issues arrest warrants = makes the ICC look like a colonial organisation
Russia looks like it will remove its signature, predictably as it may face punishment over the
annexation of Crimea and its action in the Syrian Civil War
Special UN tribunals
two notable UN international tribunals = forerunners to the International Criminal Court
International Criminal Tribunal for the former Yugoslavia (1993) = set up to bring to justice
those responsible for genocide, war crimes and crimes against humanity in the Balkans
International Criminal Tribunal for Rwanda = set up as a response to the genocide and mass
killings (1994) = indicted 93 individuals
European Court of Human Rights (ECHR)
Council of Europe (1949) = set up in response to human-rights abuses of the Holocaust
ECHR aims to promote human rights, democracy and the rule of law in Europe
47 states = all signed to European Convention of Human Rights, upheld by the European
Court of Human Rights (based in Strasbourg)
the ECHR (not related to the EU) = court of last resort for individuals or groups who feel that
their rights have been breached by a signatory state = they may appeal to the court to have
their case heard if all other legal avenues have been exhausted
Court's rulings are not directly enforceable but all signatory states have agreed under
international treaty to uphold its rulings
Sources of authority, including the 1948 Universal Declaration of Human Rights: In the immediate
aftermath of WWII there were two international tribunals to deal with those responsible for
