International Human Rights - Lsj 320 Midterm Fall 2014

Front 1

What political implications does the Declaration of Independence draw from it's declaration of HR?

Back 1

1. The Declaration of Independence is a Universal declaration of HR
2. Man-made governments are made to protect these rights
3.Human Rights are self-evident

Front 2

List the rights contained in the Original Constitution (1776)

Back 2

1. Habeas Corpus may not be suspended
2. No Ex Post Facto Laws
3. No Bills of Attainder
4. Trial by Jury

5. No titles of Nobility
6. Only Congress can declare war

7. Republic gov't guaranteed to all states

8. Limited Definition of Treason

9. No Religious tests for public affairs.

Front 3

What is the 1st Amendment?

Back 3

A part of the Bill of Rights (1791) grants Americans the freedom of religion, speech, assembly, press, and to petition the government.

Front 4

What is the 2nd Amendment?

Back 4

Highly contentious, SCOTUS has determined this to be an individual right to keep and bear arms.

Front 5

What is the 3rd Amendment?

Back 5

No soldier shall be quartered in a strange domicile without the owner's consent.

Front 6

What is the 4th Amendment?

Back 6

Freedom from unreasonable search and seizure

Front 7

What is the 5th Amendment?

Back 7

The 5th Amendment protects us from frivolous lawsuits, double jeopardy, and coercion used to extract testimony.

Front 8

What is the 6th Amendment?

Back 8

The 6th Amendment guarantees us to a speedy, public, impartial trial, with the ability to confront an accuser and guaranteed representation by a legal professional

Front 9

What is the 7th Amendment?

Back 9

The Right to a Trial by jury in some civil cases, and the right of juries not to be questioned or overruled in their findings of fact

Front 10

What is the 8th Amendment?

Back 10

Prevents the government from inflicting excessive bails, punishments, or fines.

Front 11

What are the 9th and 10th Amendment?

Back 11

The 9th Amendment protects the unnamed rights that the people (given authority through the 10th Amendment) deem a right.

Front 12

What are the Civil War Amendments?

Back 12

The 13th Amendment abolishes slavery, the 14th provides equal protection and due process, and the 15th Amendment extended the right of suffrage to black men.

Front 13

Which Amendment extended the right of suffrage to women in 1920?

Back 13

The 19th Amendment

Front 14

How does the government formed by the Constitution function to prevent HR violations?

Back 14

The Constitution implies the government is only legitimate when the people give their consent to be governed.

The preamble argues it is our civic duty to overthrow an autocratic government.

Front 15

Name and Describe the six governing organs of the UN laid out in the Charter

Back 15

1. The General Assembly in which every country has one vote

2. The Security Council composed of 5 permanent members: France, Russia, China, UK, and the US, and 10 other rotating countries. The only legally-binding rulings declared in Charter

3. Economic and Social Council

4. International Court of Justice

5. Trusteeship Council (originally intended for colonies, disbanded in '94 with the independence of Palau)
6. General Secretariat

Front 16

Why is the UN Charter important to Human Rights? Be Specific

Back 16

The UN Charter used HR Language as a result of a grassroots movement by NGO's, It reaffirms HR for people regardless of identity(55), including S&E rights(62). It obligates members to cooperate in enforcement(56) and establishes an HR Commission (68)

Front 17

Why is the UN Charter important to International Law

Back 17

In Article 2.4, the Charter abolishes war except in self defense and in certain contexts authorized by the legally binding Security Council.

While not legally binding, the Charter creates a basis for Customary International Law and will someday become the Universal Declaration of Human Rights

Front 18

What is the significance of WWII to the Human Rights Movement?

Back 18

After World War II, people were inspired not only to prevent that kind of atrocity happening again, but to preserve the individualistic freedoms and democracies that existed before Hitler's regime. It was the catalyst that inspired World Leaders to turn the UN Charter into the UDHR in 1948

Front 19

How did the UDHR come into being?

Back 19

After WWII, an effort spearheaded by Eleanor Roosevelt aimed to have leaders from all corners of the globe meet and establish what could be considered a list of Universal Human Rights.

It was adapted on 12/10/1948 by a vote of 48-0-8. Saudi Arabia abstained on the grounds of Freedom of Religion and Gender Equality, South Africa abstained as they were in the process of setting up Apartheid.

Front 20

What does Cranston say about Human Rights?

Back 20

Cranston argues that S&E Rights are not Human Rights because they are not universal, not of paramount importance, and it is folly to call something so impractical a right.

Front 21

What does Kelley say about Human Rights?

Back 21

Kelley argues that S&E Rights are not Human rights because they infringe upon individuality/promote dependency, they are unenforceable, and cannot be distinguished from luxuries.

Front 22

What does Waldron say about Human Rights?

Back 22

Waldron argues that S&E Rights are human rights because not only can you not effectively practice your Civil and Political rights without a job or shelter, but you are more susceptible to human rights abuses without things like an education or other basic necessities. Both types of rights serve the same fundamental interest

Front 23

What do Homes and Sunstein say about Human Rights?

Back 23

Holmes and Sunstein argue that all legal rights are positive rights because they infer a costly system of authority that imparts those rights. As such, implying that positive S&E rights are too costly to implement is a counterproductive argument.

Front 24

What does the AAA say about Cultural Relativism?

Back 24

1. Standards and values are relative to your culture

2. There is no scientific way to evaluate cultures, and therefore, no way to establish which culture works best

3. Respect for individual rights entails respect for the formative nature of culture.

Front 25

What does Ignatieff say about Cultural Relativism?

Back 25

These countries participated in the drafting of the UDHR, their cultures were taken into account, additionally, emphasizing individual rights doesn't invalidate culture, it gives people the power to choose if and how they participate.

Front 26

List and Define the sources of International Law

Back 26

1. Customary International Law: Rules made out of practice and a sense of legal obligation, or opinio juris

2. Treaties - Legally binding agreements signed and ratified by different states

3. Jus Cogens: Compelling Law, Laws that override all other laws such as genocide

4. General Principles of Law: Common Laws found across many different cultures.

5. Opinions of Jurists and Legal Scholars.

Front 27

Briefly explain the problem and the outcome of the Filartiga case.

Back 27

A Paraguayan victim of torture that took place in Paraguay filed a suit against the Paraguayan torturer that was currently living in the US. The Supreme Court had to decide if the ATS could be applied to the case since the crime occurred outside of US jurisdiciton. Because torture is a violation of human rights and international law, it was decided that the ATS could be used to try the case.

Front 28

Why is the Filartiga case important?

Back 28

Laid the groundwork for the TVPA, made torture an official crime, and it provided justice for a few decades.

Front 29

What was Justice Roberts majority opinion on the Kiobel v. Royal Dutch Petroleum?

Back 29

The ATS was never meant to be applied so broadly. Because the defendent, the plaintiff, and the action in question all fall outside of the American scope, there is a case of forum non conveniens, or a more qualified court to deal with the problem.

Front 30

What was Justice Breyer's addendum to the Kiobel v. Royal Dutch Petroleum case?

Back 30

The ATS can be applied to cases in which either the plaintiff or the defendant are American or if the case is of significant, moving interest to the US.

Front 31

What stages make up the formation of Treaty Law?

Back 31

1. Adoption

2. Signing

3. Ratification

4. Implementation in dualist countries.

Front 32

What RUD's did the US apply to the ratification of the ICCPR?

Back 32

The US would not implement any international laws that were not already stated in the US Constitution.

Front 33

What does Henkin have to say about the American RUDs applied to the ICCPR?

Back 33

These RUDs are an example of American exceptionalism - the reservations are too extravagant and they ensure that there will be no change in domestic law, essentially nullifying the ratification. Additionally, making the ICCPR not self-executing is a Constitutional violation of the clause stating that treaty law is the law of the land.

Front 34

What does Goldsmith have to say about the American RUDs applied to the ICCPR?

Back 34

ICCPR is too vague, all of the open-ended language within the ICCPR will lead to more litigation in the US. Additionally, the ICCPR invalidates our legislative process by which the people govern themselves.

Front 35

Koh gives five reasons that countries follow International Law, List them:

Back 35

1. Coercion or Power

2. Mutual Benefit or Self Interest

3. Principled Adherence

4. Peer Pressure and Socialization

5. New generations of laws increasingly structure behavior and expectations.

Front 36

Define: Habeas Corpus

Back 36

Literally translated as 'you may have the body', it is the right to challenge your detention to the court and a protection from being held wrongfully.

Front 37

Define: Opinio Juris

Back 37

Literally Translated as 'opinion of law', it is one of the two criteria for something to be a Customary International Law.

Front 38

Define: Jus Cogens

Back 38

Literally translated as 'compelling law' it is a law so fundamental that it overrides all other law, such as the prohibition of genocide

Front 39

Define: Pacta Sunt Servanda

Back 39

Literally translated as 'agreements must be kept' it is the idea that treaties ratified by states must abide by the rules set forth in the treaty.