Podcast
Questions and Answers
What is a key distinction between international human rights law and traditional international law?
What is a key distinction between international human rights law and traditional international law?
- International human rights law primarily addresses the obligations of states toward individuals, while traditional international law focuses on obligations between states. (correct)
- Traditional international law emphasizes the rights of individuals against states, whereas international human rights law focuses on state sovereignty.
- Traditional international law outlines minimum rights with a strong principled component, while international human rights law is more flexible.
- International human rights law relies heavily on customary practice, while traditional international law is based on the proclamation of rights.
What is the primary focus of human rights law?
What is the primary focus of human rights law?
- Establishing protocols for international diplomacy.
- Regulating trade and commerce between nations.
- Ensuring reciprocity between states in international agreements.
- Protecting the rights of individuals against state actions. (correct)
Why are individuals considered primary beneficiaries in international human rights treaties?
Why are individuals considered primary beneficiaries in international human rights treaties?
- Because treaties are negotiated on behalf of individuals by their respective states.
- Because individuals have the power to ratify international treaties.
- Because the obligations outlined in these treaties are directly intended to protect and benefit individuals within a state's jurisdiction. (correct)
- Because individuals contribute financially to ensuring these treaties are created.
Which characteristic distinguishes international human rights treaties from traditional treaties regarding the scope of rights and obligations?
Which characteristic distinguishes international human rights treaties from traditional treaties regarding the scope of rights and obligations?
In what way does the 'nature of agreement' differ between traditional treaties and international human rights treaties?
In what way does the 'nature of agreement' differ between traditional treaties and international human rights treaties?
What is the legal basis for traditional treaties compared to international human rights treaties?
What is the legal basis for traditional treaties compared to international human rights treaties?
How do international human rights treaties affect third parties (e.g., individuals) compared to traditional treaties?
How do international human rights treaties affect third parties (e.g., individuals) compared to traditional treaties?
Which of the following best describes the objective of international human rights treaties?
Which of the following best describes the objective of international human rights treaties?
Under traditional treaties, who primarily possesses rights and obligations?
Under traditional treaties, who primarily possesses rights and obligations?
How do international human rights obligations differ fundamentally from other international law obligations?
How do international human rights obligations differ fundamentally from other international law obligations?
Flashcards
Human Rights Law
Human Rights Law
Focuses on fundamental guarantees for individuals against the state, emphasizing rights and principles over strict reciprocity.
Beneficiaries of Human Rights Treaties
Beneficiaries of Human Rights Treaties
States enter agreements, but primary beneficiaries are individuals within their territory.
Nature of Human Rights Agreements
Nature of Human Rights Agreements
States commit to protecting human rights for all individuals under their jurisdiction, regardless of reciprocity.
Validity of Human Rights Treaties
Validity of Human Rights Treaties
Signup and view all the flashcards
Third Parties (Individuals)
Third Parties (Individuals)
Signup and view all the flashcards
Objective of Human Rights Treaties
Objective of Human Rights Treaties
Signup and view all the flashcards
Subject of Rights in Human Rights Treaties
Subject of Rights in Human Rights Treaties
Signup and view all the flashcards
Study Notes
- Human rights law focuses on establishing and protecting fundamental guarantees for individuals against the state.
- International law traditionally emphasizes states' obligations and is known for its flexibility, evolving slowly from customary practices.
- Human rights law originates from the declaration of rights, often found in declarations or constitutions.
- It defines minimum rights with a strong emphasis on principles, focusing on the individuals who benefit from these obligations.
- The core principle is that international human rights obligations differ as they concern states' duties towards individuals, not other states.
Ordinary Treaty vs. International Human Rights Treaty
- Traditional treaties are agreements between states, chosen by them.
- International human rights treaties involve states, but primarily benefit individuals within their territory.
- In traditional treaties, rights and obligations exist strictly between states.
- In treaties, the beneficiaries are directly individuals even though they are not parties to the treaty
- States exchange rights and obligations for mutual benefit, aiming to secure advantages that match their costs in traditional treaties.
- States commit to protecting individual rights, regardless of reciprocity between states in international human rights treaties.
- Traditional treaties are relational, states negotiate treaties with particular states they want to form agreements with
- International human rights treaties are universal, states commit to protecting human rights for all individuals under their jurisdiction
- The legal basis is rooted in state consent and reciprocity, with validity depending on mutual agreement between state parties in traditional treaties.
- The legal basis id rooted in state consent, with validity based on the recognition and protection of individual rights, even though individuals are not formal parties in international human rights treaties
- Third parties (individuals, non-state actors) are generally excluded in traditional treaties, no matter if they are affected
- Third parties (individuals) are the direct subjects of the rights created by the treaty in international human rights treaties
- Traditional treaties aim to regulate relations between states by securing mutual advantages.
- International human rights treaties aim to establish and guarantee fundamental human rights protections on an international level.
- Only states possess rights and obligations under traditional treaties.
- Individuals, though not formal parties, are granted rights and protections under international human rights treaties.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
