A House with Two Rooms - The Advocates for Human Rights

Notes
1 iAn brownlie, PrinCiPles of PubliC internAtionAl
lAw 3 (4th ed. 1990).
2 U.N. Charter arts. 92-96 (establishing the Int’l
Court of Justice); Statute of the International
Court of Justice art. 38, as amended June 26, 1945,
1031 U.N.T.S. 993 (entered into force Oct. 24, 1945)
[hereinafter ICJ Statute].
3 ICJ Statute, supra note 2, art. 38.
4 A convention or covenant is a formal written
agreement between states.
5 Protocols often modify other international
agreements and are less formal than a convention or
treaty.
6 U.N. Office of the High Comm’r for Human Rights,
Human Rights in the Administration of Justice: A Manual
on Human Rights for Judges, Prosecutors and Lawyers 7
(2003) [hereinafter “Human Rights in Administration of
Justice”].
7 Ratification defines the international act whereby
a state indicates its consent to be bound to a treaty
if the parties intended to show their consent by
such an act. The institution of ratification grants
states the necessary time-frame to seek the required
approval for the treaty on the domestic level and to
enact the necessary legislation to give domestic effect
to that treaty.
8 The instruments of acceptance or approval of a
treaty have the same legal effect as ratification and
consequently express the consent of a state to be
bound by a treaty. In the practice of certain states
acceptance and approval have been used instead of
ratification when, at a national level, constitutional
law does not require the treaty to be ratified by the
head of state.
9 Accession is the act whereby a state accepts the offer
or the opportunity to become a party to a treaty
already negotiated and signed by other states. It has
the same legal effect as ratification. Human Rights in
Administration of Justice, at 7.
10 brownlie, supra note 1, at 12.
11 Id.
12 Human Rights in Administration of Justice, supra note 6,
at 7.
13 Id. at 8; brownlie, supra note 1, at 12.
14 Human Rights in Administration of Justice, supra note 6,
at 8; North Sea Continental Shelf Cases (F.R.G. v.
543
Appendix B
Den., F.R.G. v. Neth.), 1969 I.C.J. 4, 77 (Feb. 20,
1969).
15 Continental Shelf 74.
16 Military and Paramilitary Activities (Nicar. v. U.S.),
1986 I.C.J. 14, 207 (June 27, 1986) (quoting
Continental Shelf, 77).
17 Human Rights in Administration of Justice, supra note 6,
at 10.
18 Id. at 11.
19 Id.; brownlie, supra note 1, at 15-16, 19.
20 Human Rights in Administration of Justice, supra note 6,
at 11.
21 Id. at 12.
22 Id. Brownlie also cautions that the writings of
publicists must be used with care but states that
these “opinions . . . are used widely.” brownlie,
supra note 1, at 25.
23 U.N. Charter Preamble.
24 Id. art. 1(3). Other U.N. Charter provisions
referencing human rights include articles 13(1)(b),
55(c), 62(2), 68, and 76(c).
25 Id. arts. 56, 55(c).
26 Thomas Buergenthal, The Evolving International Human
Rights System, 100 Am. j. int’l l. 783, 786–87 (2006).
27 Id. at 787; Universal Declaration of Human Rights,
G.A. Res. 217A, at 71, U.N. GAOR, 3d Sess.,
1st plen. mtg., U.N. Doc. A/810 (Dec. 10, 1948)
[hereinafter UDHR].
28 Human Rights in Administration of Justice, supra note 6,
at 3.
29 Id.
30 U.N. Int’l Conference on Human Rights, Apr. 22 -
May 13, 1968, Final Act of the International Conference
on Human Rights, 3, U.N. Doc. A/CONF. 32/41
(May 13, 1968), http://www1.umn.edu/humanrts/
instree/l2ptichr.htm.
31 Concerning United States Diplomatic and Consular
Staff in Tehran (U.S. v. Iran), 1980 I.C.J. 3, 91 (May
24, 1980).
32 UDHR, supra note 27, arts. 2, 3.
33 Id. arts. 4, 5, 7, 9, 11(2), 13, 17(2). The UDHR also
prohibits other practices.
34 Id. arts. 6, 8, 10, 11, 14(1), 15, 16, 18–23, 25, 26. The
UDHR also recognizes other rights.
35 Id. Preamble.
36 Id. art. 29(2).
37 International Covenant on Civil and Political Rights
Preamble, G.A. Res. 2200A (XXI), U.N. Doc.
A/6316 (1966), entered into force Mar. 23, 1976, 999