An international regime = set of principles, norms, rules and decision-making procedures that states and other international actors accept as authoritative in an issue- area.
The Charter of the United Nations, signed in San Francisco on 26 June 1945, promoted respect for human rights as one of the principal objectives. It also created a commission on Human Rights.
The commission was drafting the ‘Universal Declaration of Human Rights’ – list of internationally recognised human rights.
Civil and political rights – provide legal protection against abuse by the state and seek to ensure political participation for all citizens.
Economic, social and cultural rights – guarantee individuals access to essential goods and services and seek to ensure equal social and cultural participation. E.g. rights to food, housing, health care, etc.
Nature of these rights:
Humans being are endowed with individual rights & protections because they are human
Three Dominant rights:
Inherent – birthright of all (not given by state)
Inalienable – cannot be given up or taken away – non-exchangeable
Universal – apply to all people regardless of nationality, status, gender, religion or race – EVERYONE entitled to rights = controversial
You can find these rights in the:
UN Universal Declaration of Human Rights – 1948 (second world war was the influence) – Rights of women and children are greater listed than men.
International Covenant on Civil and Political Rights – 1966
International Covenant on Economic, Social and Cultural Rights – 1966
International Labour organisation
International Court of Justice
International Criminal Court
Problems & challenges:
Compliance & enforcement – rights were created without an equivalent mechanism
Cultural objections – communal rights, Asian values
Religious objections – role of women in society
Economic Objections – child labour = has implications when applied in reality
Claim of Western authorship
Procedural v substantive freedoms & rights = processed rights, no real contradiction
Humanitarian Intervention – designed to uphold these rights
Military Intervention: use of force
Non-Military Intervention: provision of aid
The norm in international politics
States claim monopoly control over their internal affairs
Sovereignty rights protected in UN charter
UN Security Council interprets “threats to international peace and security” = ethical and legal duty
Humanitarian Intervention Examples: (1970s – current period)
1994: UN in Cambodia
1999: UN in East Timor
1971: India in Bangladesh
Challenges & Problems:
Using force to stop violence – replacing one tyranny, with a tyranny of another kind
How many people need to be