International Human Rights Law - Organizations Law Assessment Answers

International Human Rights Law Assignments

Table of Contents

TOC o 1-3 h z u

1.The origin of International Legal order and its nature PAGEREF _Toc3992851 

2. Constitutional and Administrative law PAGEREF _Toc3992852 

3. Common law and Equity systems of law PAGEREF _Toc3992853

4. Statement The philosophy of law is known as jurisprudence PAGEREF _Toc3992854

5. Environmental rights PAGEREF _Toc3992855

6. International Human Rights Law and organizations PAGEREF _Toc3992856

7. References PAGEREF _Toc3992857 

The origin of International Legal order and its nature

The custom of international law, over the world, has been related by over a century with an accumulation of political and good duties to multilateralism, institutionalism, rationality, progressivism inside the poadest sense. International law as is the consent-based governance, was propounded by Bentham back in 18th century CITATION Mel12 l 1033 (Melissaris J. E., 2012), so the state member if do not abide international law and peak the treaty gives rise to the issue of state sovereignty, since the violations of customary international law along with the peremptory norms that are the jus cogens even peak the equilipium and lead to wars.

World Trade Organization is a world association that pings along the thoughts of international law, that is the substantial standards, and social control components and conjointly contains a disputed settlement instrument that makes it integrated joining the association, stock-still in modern international law CITATION Slo11 l 1033 (Slomanson, 2011). The possibility of international law are the consequences of the tangled international developments that drastically reshaped European culture all through the late medieval measure of European history. Firstly, the upgrade of the spot of confidence in European political life from faith in rulers to administration upheld intentional aptitudes. Secondly late-medieval development that offered ascend to popular international law was the savage challenge among European social orders for oceanic voyages of disclosure and framed international law tenets as reasoning, power and self-assurance, the powers of ostensibly determined challenge added to elective international law teachings like those in regards to the freedom of route on the high oceans, opportunity of trade, and along these lines the utilisation of power CITATION Les15 l 1033 (Lesaffer, 2015).

International law was seen simply on the grounds that the result of relations among country states, for the beneficial thing about country states. Article 38, depicts the four major sources of international law as the traditions or bargains to that a state might be a gathering, secondly, the global custom for which the international society acknowledge the particular law, thirdly, the standards of law that are perceived by civilised states and fourthly the perspectives from the exceptionally qualified legal advisers composing on some degree of law CITATION Art1 l 1033 (Article 38- International Court of Justice).

2. Constitutional and Administrative law

Constitutional Law as Holland describes are those organs on which the government rests upon, whereas the Administrative Law are those organs which makes them in motion, thus according to him, the Executive and the Legislature are the Constitutional hands of the government and the functioning of those two organs are the governed by the Administrative Law CITATION Mar17 l 1033 (Varuhas, 2017). However, Jennings highlights that, Constitutional Law is the one which deals with those general principles which relate to not only the organisation along with their powers of the performed by various organs of but also governs the mutual relationships between those organs and also the relationship between those organs and the individual CITATION Jef15 l 1033 (Jeffrey Jowell, 2015). Again, according to Jennings, Administrative Law, is the one who deals with the functions to that of the duties and also the powers of the organisation, as the administrative authorities CITATION Pre18 l 1033 (Prescott, 2018).

So, Administrative Law is that body of Law which circumscribes the supranational legal orders internal governance, and hence are concerned with the relationship which is in existence between the norms which are both internal as well as external and makes an effect on the interaction within the multiple layers of government even surpassing the boundaries of the states. Thus, when there are the controversies from the political scenario and when the question promulgates the law and the politics then Administrative Law becomes applicable CITATION Lov18 l 1033 (Loveland, 2018).

So, Constitutional Law and Administrative Law, are interrelated and without the presence of one, the other one becomes non- existent. Hence, the Constitutional Law is not applicable without the administrative law and similarly, administrative law becomes inapplicable if the constitutional issues are not reflected upon, for example, the division of powers or legality of certain things. So, John Lockes statement is inevitable which states that the fundamental principle relating constitutional law is the that where the individual cannot go beyond law and state can only act within the law CITATION Wac17 l 1033 (Wacks, Natural law and morality, 2017).

3. Common law and Equity systems of law

Common law has its original base on the customs and traditions which was at time governing not only England but also the royal courts having the charge to ensure proper administration under this category of law. United States, India, Australia, Canada and New Zealand after gaining the independence adopted common law under their legal system. Whereas the law of equity was created as the set of rules by the Chancery courts in England for mitigating the effects of the common law and also for filling the gaps which were not addressed by the common law CITATION Iai18 l 1033 (Street, 2018).

Furthermore, the Law of Equity provided the flexibility and the Common Law systems is a rigid system, where the system of the judgement is governed by way of writs. Law of Equity is concerned with fairness and is mostly governed by the principles of natural justice under Administrative Law. Based on the principles of Natural Justice, Law of Equity propounds the Audi Alteram Partem as opined by Lord Diplock in case of CITATION Cou84 l 1033 (Council of Civil Service Unions v Minister for the Civil Service, 1984), where no order will be passed by the Court before giving the right to state their individual case CITATION Tim15 l 1033 (Endicott, 2015).

Again, the Common Law provides remedies as the pecuniary interests for addressing the grievances, thereby limiting the scope to pronounce the judgement which is outside the purview of the pecuniary compensation. On the other hand, Law of Equity provides a system where the Judges determines individual cases based on the merits of them and then decides whether monetary compensation or injunction or any other remedies can be made available to the aggrieved parties CITATION Ant16 l 1033 (Anthony, 2016).

Thus, basically, by applying the Law of Equity the Courts implements natural law through their discretionary powers and not only through the damages in the form of compensation as the only remedy as in Common Law, and hence, in Law of Equity one can be abstained from doing something or can also be made to do certain things as pronounced by the Courts.

4. Statement The Philosophy of Law is Known As Jurisprudence

When it is to define jurisprudence within the legal system, then what becomes prominent is the theory along with the practice of the law. The administering body of law and justice that is the Courts and Trial system is the most typical example of jurisprudence. As Austin highlights that the law is a command thereby obliging persons to it and through that actions or forbearances determines the course of conduct CITATION Mel12 l 1033 (Melissaris J. E., 2012).

The term philosophy of law is knotted in the relationship of the philosophy and law, where the philosophy of law becomes the subdiscipline thereby giving rise to the normative theory in relation to the political philosophy. The legal positivist tradition although supports the controversies, still the legal positivists, like Bentham and Austin, highlighted coercion as the phenomenal attributes when it comes to law, thereby separating the normative domains. Austin opined legal norm, as that threat which is backed by a sanction CITATION Wac18 l 1033 (Wacks, Classical Legal Positivism, 2018).

But, the controversies arose when the importance of sanctions became the constraint towards the fulfilment of the social function through the ability of law. Kelsen highlighted violence monopolisation within the society, where the law for maintaining legal functions imposes violent methods CITATION Mel12 l 1033 (Melissaris J. E., 2012). H.L.A. Hart and Raz, although denied the coercive aspect of law and opined as to be marginal CITATION Har15 l 1033 (Hart, 2015). But, the reductionist account which is provided by Austin as the normativity of law, within the desire of the person concerned to avoid sanctions was vehemently criticised by Hart and he highlighted that when there is the existence of rules it must not necessarily be construed that there will be hostile reactions to it. So, in guiding the behaviour of the subjects the jurisprudence can be used as the prediction for defining what is law as highlighted by the Legal Realism theorists CITATION Pap17 l 1033 (Papastavridis, 2017) but also by keeping in mind the Legal Interpretivism by Ronald Dworkin where morality creates the justifications for the law CITATION Mel14 l 1033 (Melissaris J. P., 2014).

5. Environmental Rights

Environmental rights mean access to the pristine regular assets that alter survival, together with land, cover, sustenance, water and air and incorporates a great deal of carefully biological rights, together with the right for a particular creepy crawly to endure or the privilege for a private to get joy from an untainted scene CITATION Sea13 l 1033 (Seamon, 2013). Along these lines, the Environmental rights grasp political rights like rights for local people groups and diverse collectivizes, the right to information and investment in basic leadership, opportunity of sentiment and articulation, and furthermore the privilege to oppose undesirable advancements. The need to affirm access for the majority of Earths occupants to the present fundamental typical of living is that the essential worry of Environmental rights. In this way, the right to state reparations for disrespected rights, together with rights for atmosphere evacuees are dislodged by Environmental annihilation, the right to state biological obligation and furthermore the privilege to ecological equity additionally are perceived in light of the fact that Environmental Rights are the security of common assets and furthermore the entrance to and utilisation of characteristic assets and the way the entrance to and utilization of those assets influences closed populaces CITATION Mar12 l 1033 (DAlisa, 2012). Environmental rights are considered as the human rights, to the encompassing surroundings in addition to the light of the fact that the acknowledgment of their rights to information, cooperation, security and change and also for an additional commitment from those within the modern countries. It needs us to act capably in our own utilisation of common assets and to control our dimensions of utilisation in an exceedingly even-handed way. Rights will be proclaimed in an exceeding style of ways by engaging on to the damaging government, global foundation or partnership or through courts systems covering national and international areas through the application of public and media help formed by the structured alliances with others looking for comparable rights.

6. International Human Rights Law and organizations

The Universal Declaration of Human Rights being the foundation of international human rights law is the inspiration while the injustices are addressed during conflicts or when the societies are repressed so that human rights can be achieved on a global perspective CITATION Off3 l 1033 (Office of the High Commissioner for Human Rights (United Nations Human Rights)- International Human Rights Law). The states are obligated by the International human rights law by becoming parties to it through the international treaties, where the States towards the fulfilment of the human rights assume certain obligations as well as the duties under international law. The obligation towards respecting should avoid meddlesome with or diminishing the satisfaction in human rights and furthermore towards protecting the individuals so that they do not fall into human rights abuse. Furthermore, it is also the obligation of the State to take into action which will then facilitate the enjoyment of human rights by each and every individual CITATION Kiy12 l 1033 (Kiyoteru Tsutsui, 2012). International human rights law is intently connected with, but unmistakably distinct from humanitarian law since the substantive standards are comparative. The ratification of the of international human rights treaties ensures that the governments of the individual member states create the measures and the legislation in such a way that they become compatible with the obligations as laid down under the treaties. However, international human rights law becomes essentially applicable during emergency situations or in cases of conflict thereby representing the recognition of the basic rights as the fundamentals which must be inherent and also applicable to all human beings with enshrined dignity and rights.

7. References

BIBLIOGRAPHY Anthony, P. L. (2016). Procedural impropriety II common law rules. In P. L. Anthony, Textbook on Administrative Law. OUP. doi10.1093/he/9780198713050.003.0017

Article 38- International Court of Justice. (n.d.). Retrieved from https//www.icj-cij.org/en/statute

Council of Civil Service Unions v Minister for the Civil Service, 1984 3 All ER 935 (United Kingdom House of Lords 1984). Retrieved from https//www.bailii.org/uk/cases/UKHL/1984/9.html

DAlisa, M. A. (2012). Rights of Resistance The Garbage Struggles for Environmental Justice in Campania, Italy. Capitalism Nature Socialism, 23(4). doi10.1080/10455752.2012.724200

Endicott, T. (2015). Due Process. In T. Endicott, amp 3 (Ed.), Administrative Law. OUP. doi10.1093/he/9780198714507.003.0004

Hart, H. (2015). Laws, Commands, and Orders. In J. R. HLA Hart, The Concept of Law. OUP. doi10.1093/he/9780199644704.003.0002

Jeffrey Jowell, D. O. (2015). The Changing Constitution. OUP. doi10.1093/he/9780198709824.001.0001

Kiyoteru Tsutsui, C. W. (2012). International Human Rights Law and Social Movements States Resistance and Civil Societys Insistence. Annual Review of Law and Social Science, 8, 367-396. doi10.1146/annurev-lawsocsci-102811-173849

Lesaffer, R. (2015). Too Much History From War as Sanction to the Sanctioning of War. In M. Weller, The Oxford Handbook of the Use of Force in International Law. doi10.1093/law/9780199673049.003.0002

Loveland, I. (2018). Constitutional Law, Administrative Law, and Human Rights. OUP. doi10.1093/he/9780198804680.001.0001

Melissaris, J. E. (2012). Classical Legal Positivism Bentham, Austin, and Kelsen. In J. E. Melissaris, McCoupey amp Whites Textbook on Jurisprudence. OUP. doi10.1093/he/9780199584345.003.0003

Melissaris, J. P. (2014). Postmodern Legal Theory. In J. P. Melissaris, McCoupey amp Whites Textbook on Jurisprudence. OUP. doi10.1093/he/9780199584345.003.0015

Office of the High Commissioner for Human Rights (United Nations Human Rights)- International Human Rights Law. (n.d.). Retrieved from https//www.ohchr.org/en/professionalinterest/Pages/InternationalLaw.aspx

Papastavridis, I. B. (2017). The nature of international law and the international legal system. In I. B. Papastavridis, International Law Concentrate Law Revision and Study Guide . OUP. doi10.1093/he/9780198803874.003.0001

Prescott, J. S. (2018). Parliamentary sovereignty an overview. In J. S. Prescott, Public Law. OUP. doi10.1093/he/9780198722939.003.0004

Seamon, D. (2013). Lived Bodies, Place, and Phenomenology Implications for Human Rights and Environmental Justice. Journal of Human Rights and Environment, 4(2), 143-166. Retrieved from https//heinonline.org/hol-cgi-bin/get_pdf.cgihandlehein.journals/jhre4ampsection13

Slomanson, W. R. (2011). Fundamental Perspectives on International Law. California Suzanne Jeans- Wadsworth, Cengage Learning. Retrieved from http//www.corteidh.or.cr/tablas/r32533.pdf

Street, I. M. (2018). The history and development of equity. In I. M. Street, amp 6 (Ed.), Equity amp Trusts Concentrate Law Revision and Study Guide. OUP. doi10.1093/he/9780198815174.003.0001

Varuhas, M. E. (2017). Administrative Law Text and Materials (5 ed.). Oxford University Press. doi10.1093/he/9780198719465.001.0001

Wacks, R. (2017). Natural law and morality. In R. Wacks, Understanding Jurisprudence An Introduction to Legal Theory. OUP. doiDOI10.1093/he/9780198806011.003.0002

Wacks, R. (2018). Classical Legal Positivism. In R. Wacks, Understanding Jurisprudence An Introduction to Legal Theory (5 ed.). OUP. doi10.1093/he/9780198806011.003.0003

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