globe
  1. Course Format and Assessment: 37 items
    The course is delivered through a combination of lectures and seminars. While lectures provide an introduction to specific topics, including relevant theoretical debates, seminars provide an opportunity to examine issues in more detail and to apply theoretical insights to practice. Seminars are student-centered and provide an opportunity for deeper discussion and debate on the week’s key issues. Students should come to seminar familiar with the week’s required readings. The course is assessed by a 3,000 word essay, due on 8th January 2018 (by 2pm) and a two-hour unseen written exam which will be in Term 3. The precise date of the exam will be disseminated by UCL in late Term 2. The essay and the exam will be weighted equally in determining your final mark. Further guidance and information on the essays and the exam will be provided throughout the course and there will be an exam review session at the start of Term 3. You will receive feedback on your essay far in advance of your exam
    1. Required Readings: 4 items
      1. You will need easy and regular access to the following book:

      2. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

        Book Essential Earlier edition of this title held in the library Search library catalogue for availability details

      3. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

        Book Essential

      4. Additional required readings – treaties, cases, and articles – will be posted electronically.

    2. Learning Resources: 32 items
      1. Journals: 2 items
        1.  

           

          European Journal of International Law

          American Journal of International Law

          Human Rights Law Review

          International and Comparative Law Quarterly

          Human Rights Quarterly

          Journal on Minority and Group Rights

      2. Reference Books: 27 items
        1. Cases and materials on international law - D. J. Harris, Sandesh Sivakumaran 2015

          Book Recommended

        2. Blackstone's international human rights documents - P. R. Ghandhi 2010

          Book Recommended

        3. Texts and materials on international human rights - Rhona K. M. Smith 2013

          Book Recommended

        4. International law for international relations - Başak Cali 2010

          Book Recommended 2009 edition available via Amazon

        5. International law and international relations - J.D. Armstrong, Theo Farrell, Hélène Lambert 2012 (electronic resource)

          Book Recommended Print version available below

        6. International law and international relations - J. D. Armstrong, Theo Farrell, Hélène Lambert 2007

          Book Recommended

        7. Human rights and international relations - R.J. Vincent 1986

          Book Recommended

        8. Human rights in international relations - David P. Forsythe 2012

          Book Recommended

        9. International law and international relations - Beth A. Simmons, Richard H. Steinberg c2006

          Book Recommended

        10. Problems and process: international law and how we use it - Rosalyn Higgins 1994

          Book Recommended

        11. Problems and process: international law and how we use it - Rosalyn Higgins 2000 (electronic resource)

          Book Recommended

        12. The European Convention on Human Rights - Robin C. A. White, Clare Ovey, Francis Geoffrey Jacobs, Clare Ovey c2010

          Book Recommended

        13. International law - Malcolm N. Shaw 2017

          Book Recommended

        14. International law - Antonio Cassese 2005

          Book Recommended

        15. The making of international law - Alan E. Boyle, C.M. Chinkin c2007

          Book Recommended

        16. The Making of International Law - Alan Boyle,Christine Chinkin,

          Book Recommended

        17. The boundaries of international law: a feminist analysis - Hilary Charlesworth, C.M. Chinkin c2000

          Book Recommended

        18. International law 2018

          Book  Earlier editions of this title held in the library, search library catalogue for availability details

        19. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

          Book 

        20. The Oxford handbook of the history of international law - Bardo Fassbender, Anne Peters, Simone Peter, Daniel Högger 2012

          Book 

        21. Jacobs, White & Ovey: the European Convention on Human Rights - Bernadette Rainey, Elizabeth Wicks, Clare Ovey, Francis Geoffrey Jacobs 2017

          Book Recommended

      3. Online Resources: 1 item
        1.  

           

          EJIL:Talk!, the blog of the European Journal of International Law (analysis on current topics in international law) http://www.ejiltalk.org 

          American Society of International (ASIL) Insights (analysis on current topics in international law) http://www.asil.org/insights.cfm

          International Human Rights Lexicon: http://www.internationalhumanrightslexicon.org/

          University of Minnesota Human Rights Library (free compilation of primary and secondary materials) http://hrlibrary.umn.edu/

          The Avalon Project (historical materials on law, history and diplomacy) http://avalon.law.yale.edu/default.asp

          UN Documentation Research Guide: http://research.un.org/en/docs/

          UN Human Rights web site: http://www.un.org/en/rights/

          UN International Law webpage: www.un.org/law/index.html

          Universal Human Rights Index of United Nations Documents:

          http://uhri.ohchr.org/

          UN OHCHR: http://www.ohchr.org/EN/Pages/WelcomePage.aspx

          UN OHCHR, The New Core International Human Rights Treaties

          http://www.ohchr.org/Documents/Publications/newCoreTreatiesen.pdf

           

          Max Planck Encyclopedia of Public International Law (through the library) http://opil.ouplaw.com.libproxy.ucl.ac.uk/home/EPIL

          Human Rights Council: http://www.ohchr.org/en/hrbodies/hrc/pages/hrcindex.aspx

          General Assembly: http://www.un.org/en/ga/

          Universal Periodic Review:

          http://www.ohchr.org/en/hrbodies/upr/pages/uprmain.aspx

          Treaty Bodies home page: http://www.ohchr.org/EN/HRBodies/Pages/TreatyBodies.aspx

           

          All countries have their own pages on the OHCHR website which collect the most recent Treaty Body reports etc and are quite useful. For example the UK is at

          http://www.ohchr.org/EN/countries/ENACARegion/Pages/GBIndex.aspx

      4. Case Law: 1 item
        1.  

           

          African Commission on Human and Peoples' Rights: http://www.achpr.org

          African Court on Human and Peoples' Rights: http://www.african-court.org/en/

          Inter-American Court of Human Rights: http://www.corteidh.or.cr/

          Inter-American Commission for Human Rights: http://www.oas.org/en/iachr/

          European Court of Human Rights: http://www.echr.coe.int/echr/

          International Court of Justice: www.icj-cij.org

          International Criminal Court: http://www.icc-cpi.int

          International Law Cases and Reports http://www.lcil.cam.ac.uk/research_links/international-law-cases-and-reports

          International Tribunal for Former Yugoslavia: www.icty.org

          International Tribunal for Rwanda: www.ictr.org

          International Law Commission: http://www.un.org/law/ilc

          United Nations High Commissioner for Human Rights:

           http://www.ohchr.org/EN/Pages/WelcomePage.aspx

          Commonwealth and International Human Rights Law Database

          http://www.interights.org/commonwealth-and-international-law-database/index.html

          Interrights Commonwealth and International Law Database (Interrights closed in 2014 so this will not be updated but the database is still accessible)

          http://www.interights.org/commonwealth-and-international-law-database/index.html

      5. Selected international NGOs: 1 item
        1.  

          Selected international NGOs

           

          Information on NGOs working with UN including a list of all of those with consultative status can be found at http://csonet.org/

          International Committee of the Red Cross: www.icrc.org

          Human Rights Watch: www.hrw.org

          Amnesty International: www.amnesty.org

          International Helsinki Federation for Human Rights: www.ihf-hr.org

          International Crisis Group http://www.crisisgroup.org/

          Human Rights First http://www.humanrightsfirst.org/

          Association for Women's Rights in Development http://www.awid.org/

          Child Rights Information Network https://www.crin.org/

          HURIDOCS https://www.huridocs.org/

          International Federation for Human Rights http://www.fidh.org/en/

          Business and Human Rights Resource Centre http://business-humanrights.org/

          Minority Rights Group: http://www.minorityrights.org/

          Centre for Economic and Social Rights http://www.cesr.org/

          International Commission of Jurists http://www.icj.org/

           

    3. A Note on Cases: 1 item
      1. Understanding the law requires not only that you know the relevant sources and legal norms, but also that you grasp how these norms are interpreted and applied in specific disputes. As such, reading cases is a crucial aspect of comprehending the law and is a central element of this course. Two issues are worthy of note here: the phenomenon of excerpting, and the skill of reading a case.

         

        International law cases are long and tend to cover a multitude of issues. In the interests of exposing you to a decent number of cases, most case readings on this syllabus are excerpts that focus on one or two issues of particular concern. The cases excerpted in the textbook are especially abridged. Whenever you would like more detail on the facts or on the dispute as a whole, you may (and are encouraged to) access the full case via the relevant courts' website or an online database.

         

        Reading a case is a skill. In order to get the most out of a case, here are some tips on the kinds of things you should be considering as you read. Your ability to participate effectively in seminars will be augmented by having considered these kinds of questions, and you may find it productive to structure your notes on the readings along these lines.

         

        1. Who are the parties to the case?

        2. Why is the court in question the appropriate body for this dispute?

        3. Is the ruling in question a judgment on the merits, or a ruling on the court's jurisdiction or the admissibility of the case?

        5. What are the substantive arguments of the parties?

        6. Which sources of international law are invoked by the parties and the court, respectively?

        7. Have any dissenting opinions been expressed? What is their significance?

        8. Are you persuaded by the arguments presented and how the Court has responded to them? Would you have ruled differently?

        9. Have any dissenting opinions been expressed? What is their significance?

        10. Are you persuaded by the arguments presented and how the Court has responded to them? Would you have ruled differently?

  2. Part I – Foundations 43 items
    1. Week 1 - The Sources of International Law & the Birth of International Human Rights Law 22 items
      What is international law and how do we identify it? The Statute of the International Court of Justice – widely considered to be authoritative on this point – identifies three alternative sources: treaties, customary international law, and general principles. We shall examine each in turn and consider the normative underpinnings of a legal regime defined in these terms. In our discussion, we will distinguish positivism and natural law, reflect on the foundational status of state sovereignty in international law, and consider debates over whether and how customary international law has developed in a natural law direction. We will also consider the role and meaning of jus cogens. In addition to laying the foundations for what follows, our examination of the sources of law has a second purpose; namely, exploring the historical precursors to international human rights law. Traditionally, international law has been created by states for the governance of their mutual relations; international human rights law changed that fundamentally by making the protection of individuals from their own governments a core international legal focus. But, even prior to that transformation, international law was already concerned with the protection of individuals in a narrow range of contexts, sometimes even within a state’s own borders. We will explore three such precursors: the legal regimes governing the protection of aliens, the law of armed conflict, and the post-WWI minorities regime.
      1. Required Reading: 6 items
        1. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

          Book Essential pp. 15-71, 75-95, 143-155

        2. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 157-165, 277-287

        3. Universal Declaration of Human Rights - United Nations 1948

          Webpage Essential

        4. International Covenant on Civil and Political Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 1-27

        5. International Covenant on Economic, Social and Cultural Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 1-15

      2. Further Reading: 16 items
        1. Modern treaty law and practice - Anthony Aust 2013

          Book Recommended

        2. Theorizing the Sources of International Law - Samantha Besson

          Chapter Recommended

        3. Human Rights and the Magic of Jus Cogens - Andrea Bianchi 2008

          Article Recommended

        4. The law of treaties beyond the Vienna Convention - Enzo Cannizzaro, Mahnoush H. Arsanjani 2011

          Book Recommended

        5. The Vienna Conventions on the Law of Treaties: a commentary - Olivier Corten, Pierre Klein 2011

          Book Recommended

        6. Hierarchy in International Law: A Sketch - Martti Koskenniemi 1997

          Article Recommended

        7. International Law’s Higher Ethical Norms - Mary Ellen O'Connell, Jus Cogens

          Chapter Recommended

        8. The nature of customary law - Amanda Perreau-Saussine, James Bernard Murphy 2007

          Book Recommended

        9. The Hierarchy of the Sources of International Law - Michael Akehurst 1975

          Article Recommended Paper copy available in Stores

    2. Week 2 - The Contemporary International Human Rights System: Fragmentation and Jus Commune 21 items
      The sources of law, of course, are only part of the story. A second foundational element in law is the concept of authority. We will return in the final part of the course to the issue of enforcement authority. Prior to that, however, is the question of interpretive authority. Who has the final word on what the sources of law say on a given issue? This is a matter of profound importance in international human rights law because the “regime” (if, indeed, it can be described in the singular) is remarkably fragmented. There are multiple overlapping treaties and a panoply of overlapping interpretive authorities. None has an identical population of states subject to its authority, and none has hierarchical primacy over all others. For some (not all) treaties, a particular court has the final interpretive word. However, that is the final word only with respect to obligations under that treaty. It is not the final word on the state’s human rights obligations overall – even on the specific issue in question. The significance of this problem will be brought into stark relief in the ensuing weeks. This week we will focus on the balance interpretive bodies try to strike between upholding legality and democracy, on the one hand, and avoiding conflict and incoherence through the development of a global jus commune, on the other. In considering the successes and difficulties associated with such an approach, we will focus on the trajectory of global jurisprudence on the death penalty.
      1. Required Reading: 8 items
        1. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 17-51

        2. R (Nicklinson & Another) v. Ministry of Justice, [2014] UKSC 38 (25 June)

          Document  ¶¶ 1-8, 53-54, 87-89, 120-23, 155, 165, 176-83, 190

        3. International human rights law: cases, materials, commentary - Olivier de Schutter 2014

          Book Essential pp. 31-41, 43-48.

        4. William G. O'Neill & Annette Lyth, The International Human Rights System, (2008) pp.7-33.

        5. International Covenant on Civil and Political Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 6, 28-45, Optional Protocols 1 & 2

        6. International Covenant on Economic, Social and Cultural Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 16-25, Optional Protocol

      2. Further Reading: 13 items
        1. The United Nations human rights treaty system: law and procedure - Suzanne Egan 2011

          Book Recommended

        2. International Common Law: The Soft law of International Tribunals - Andrew T. Guzman, Timothy L. Meyer Winter 2009

          Article Recommended Click on web address; then scroll down and click on '9 (2008-2009)' heading; scroll down and click on 'page 515'

        3. Global legal pluralism as fact and norm - Turkuler Isiksel July 2013

          Article Recommended

        4. Human Dignity and Judicial Interpretation of Human Rights - Christopher McCrudden 2008

          Article Recommended

        5. Judicial comparativism in human rights cases - E. Örücü, United Kingdom National Committee of Comparative Law 2003

          Book Recommended

        6. Regional protection of human rights - Dinah Shelton c2008

          Book Recommended

        7. New challenges for pluralist adjudication after Lisbon: the protection of fundamental rights in a Ius commune Europaeum - Peter van Elsuwege 2012

          Article Recommended Click on web address; then scroll down and click on '30 (2012)' heading; scroll down and click on 'page 195'

  3. Part II – The Boundaries of Human Rights 252 items
    1. Week 3 - The Types of Duty Imposed by Human Rights: Respect, Protect, Fulfill; CEDAW and the Duty to Protect 27 items
      International human rights law is focused fundamentally on the state as the bearer of human rights obligations. This week we will explore the doctrinal implications of that focus. The classic human rights violation occurs when state organs or agents treat an individual in a way that infringes her rights. But what does international law have to say about the same kind of deprivation by a private actor, and about the state’s obligations in such a scenario? What about when the deprivation is suffered as a result of broader cultural forces without any identifiable perpetrator? If international human rights law were silent on “private” or “cultural” violations, would the resulting distribution of international legal protection be just, or even minimally defensible? If not, what are the implications for the legal framework? We will examine how the human rights regime has handled these challenges through the respect / protect / fulfill framework. Our primary focus will be on CEDAW, but we will also cover the analogous jurisprudential developments in other parts of the human rights regime. In the course of this discussion, we will consider both the idea of a state’s international legal obligation to transform the dominant culture, and the idea of an international legal duty to exercise due diligence in protecting persons against private violations, like domestic violence. Were there alternative methods by which international law might have intervened to address such deprivations? What are the normative and political reasons for retaining a focus on the state as the bearer of international human rights obligations under international law? What are the implications for the ultimate rights-holders? Finally, we will consider the role of reservations to treaties and how that concept is complicated in the context of human rights law. CEDAW is notoriously the treaty with the highest number of reservations, so it will provide a useful context in which to explore the significance of reservations.
      1. Required Reading: 15 items
        1. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 166-213, 1080-1086

        2. Asbjørn Eide, Report on the Right to Adequate Food as a Human Right, delivered to the Commission on Human Rights, U.N. Doc. E/CN.4/Sub.2/1987/23 (July 7, 1987) Arts. 107-117

        3. A critique of the public/private dimension - Christine Chinkin 1999

          Article Essential pp. 392-395

        4. Osman v. UK, ECtHR, App No. 87/1997/871/1083 1998

          Document Essential ¶¶ 10-58; 115-122 & Dissents

        5. M.M. v. Netherlands, ECtHR, App. No 39339/98 2003

          Document Essential ¶¶ 9-21; 36-46; Palm, J. dissenting: all.

      2. Further Reading: 12 items
        1. Women and international human rights law - Kelly Dawn Askin, Dorean Marguerite Koenig 1999

          Book Recommended Vols. I-III (1999-2000)

        2. Feminist Approaches to International Law - Hilary Charlesworth, Christine Chinkin, Shelley Wright Oct 1991

          Article Recommended

        3. The boundaries of international law: a feminist analysis - Hilary Charlesworth, C.M. Chinkin 2000

          Book Recommended

        4. Human rights obligations of non-state actors - Andrew Clapham, Academy of European Law 2006

          Book Recommended

        5. New perspectives on the public-private divide c2003 (electronic resource)

          Book Recommended

        6. Domestic violence and international law - Bonita Meyersfeld 2010

          Book Recommended

        7. Basic rights: subsistence, affluence, and U.S. foreign policy - Henry Shue c1996

          Book Recommended

    2. Week 4 - Balancing, Proportionality, and the Margin of Appreciation 39 items
      The state’s positive obligation to protect rights from private (or even cultural) deprivation immediately raises the prospect of rights obligations in conflict. Does this prospect preclude the idea of rights as trumps? If so, what would be the implications for human rights as issues of international (i.e. external) legal concern? Put another way, what does the prospect of having rights on both sides mean for the idea of human rights law as setting the boundaries of acceptable domestic political decision-making? Here – and also in cases in which certain rights conflict with core collective interests, such as public order – supranational human rights authorities have turned to “proportionality review” as the mechanism by which to determine the state’s international legal obligations. Some, but not all, institutions have combined proportionality review with a margin of appreciation that grants varying degrees of deference to domestic institutions in resolving these conflicts. Is the value of human rights lost in this solution? What alternative paths might have been taken? What are the implications for the institutional distribution of power? What does all of this entail for human rights activists and the tactics and strategies that are privileged in waging human rights campaigns?
      1. Required Reading: 19 items
        1. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 163-165, 394-395, 932-33, 946-955

        2. Universal Declaration of Human Rights - United Nations 1948

          Webpage Essential Art. 29

        3. International Covenant on Economic, Social and Cultural Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Art. 4

        4. International Covenant on Civil and Political Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 12-14; 17-22

        5. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 394-395; 932-33; 946-955 [skip note on p.948 on pilot judgments]

        6. General Comment 34, U.N. Doc CCPR/C/GC/34 - Human Rights Committee 2011

          Webpage  ¶¶ 21-52

        7. Proportionality Balancing and Global Constitutionalism - Alec Stone Sweet, Jud Matthews 2008-2009

          Article Essential pp. 73-77; 86-97; 145-152; 159-161

        8. The Future of the European Court of Human Rights and the Brighton Declaration, AS/Jur - • Council of Europe Parliamentary Assembly, Committee on Legal Affairs and Human Rights 3 December, 2012

          Document  ¶¶ 1-30.

        9.  

          UCL Policy Briefing, The margin of appreciation doctrine in European human rights law (2014) 

          https://www.ucl.ac.uk/public-policy/for-policy-professionals/research-insights/European_human_rights_law.pdf

      2. Further Reading: 20 items
        1. Balancing competing human rights claims in a diverse society: institutions, policy, principles - Lorne Foster, Lesley A. Jacobs, Shaheen Azmi 2012

          Book Recommended

        2. Margin of Appreciation, Consensus and Universal Standards - Eyal Benvenisti Summer 1999

          Article Recommended Click on web address; then scroll down and click on '31 (1998-1999)', scroll down and click on 'page 843'

        3. Conflicts between fundamental rights - Eva Brems, International Conference on Conflicts Between Fundamental Rights c2008

          Book Recommended

        4. A critique of adjudication: fin de siècle - Duncan Kennedy 1997

          Book Recommended

        5. Legal Theory and Democratic Reconstruction - Karl Klare 1991

          Article Recommended Click on web address; then scroll down and click on '25 (1991)' heading; scroll down and click on 'page 69'

        6. The constitutional structure of proportionality - Matthias Klatt, Moritz Meister 2012

          Book Recommended

        7. The Dark Side of Human Rights - Onora O'Neill Mar 2005

          Article Recommended

        8. Rights and Their Critics - Cass R. Sunstein 1995

          Article Recommended

    3. Week 5 - Emergency, War, Terrorism, and Derogation 40 items
      Situations of national emergency provide a different and more profound set of challenges for international human rights law. This week we will consider how international law seeks to protect human rights while accommodating the exigencies of war and other emergency. This involves exploring the process of derogation and considering the role of human rights law and human rights institutions in the context of derogation. It also involves considering the interaction between the overlapping regimes of international human rights law and the law of armed conflict. We will look in particular at the detention and control order regimes in the US and the UK following 9/11. Next week we will turn to killing and the right to life. What is at stake in the interaction between human rights law and the law of armed conflict, and how have different institutions addressed the question? Are the two regimes rooted in a common normative underpinning? If so, how are we to understand their divergence on key issues? What are the institutional and political consequences of courts’ application of human rights in war? In addition to detention, we will also consider the non-derogable prohibition on torture (a ban that applies with equal force in human rights law and the law of armed conflict). Given the widespread complicity in, and occasionally explicit endorsement of, torture in many liberal democracies in the early years of the “global war on terror,” where does this supposedly unambiguous prohibition stand today? What was the role of lawyers in weakening it and what does their success in doing so indicate about the vulnerabilities of international human rights law? What are we to make of the Israeli Supreme Court’s opinion on the issue? If balancing is appropriate for some rights, what is the basis for precluding it here? What do these discussions indicate about the international legal category “human rights”?
      1. Required Reading: 16 items
        1. International Covenant on Civil and Political Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Arts. 4, 7, 9-10

        2. American Declaration of the Rights and Duties of Man - Organization of American States 1948

          Webpage Essential Arts. 1, 18, 25, 28

        3. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 395-443

        4. Hassan v. UK, ECtHR [GC], no. 29750/09 (2014) 2014

          Document Essential ¶¶ 3, 9-15, 53, 80, 96-111

        5. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 238-56; 265-75

      2. Further Reading: 24 items
        1. International humanitarian law and human rights law: towards a new merger in international law - Roberta Arnold, Noëlle N.R. Quénivet 2008

          Book Recommended

        2. Human rights in crisis - Alice Bullard c2008

          Book Recommended

        3. International Humanitarian Law and Human Rights Law - Louise Doswald-Beck, Sylvain Vité Apr 1993

          Article Recommended

        4. Power and constraint: the accountable presidency after 9/11 - Jack L. Goldsmith c2012

          Book Recommended

        5. The least worst place: Guantanamo's first 100 days - Karen J. Greenberg 2009

          Book Recommended

        6. The Relationship between International Human Rights Law and International Humanitarian Law, E/CN.4/Sub.2/2005/14 - Françoise Hampson 2005

          Webpage Recommended Click on web address; then scroll down to find 'E/CN.4/Sub.2/2005/14' heading, and click on blue 'E' letter on right-hand side

        7. Torture: a collection - Sanford Levinson 2004

          Book Recommended

        8. The Humanization of Humanitarian Law - Theodor Meron Apr 2000

          Article Recommended

        9. Torture: does it make us safer? Is it ever OK? : a human rights perspective - Kenneth Roth, Minky Worden, Amy D. Bernstein c2005

          Book Recommended

        10. Torture team: Rumsfeld's memo and the betrayal of American values - Philippe Sands 2008

          Book Recommended

        11. Guantanamo Bay: The Legal Black Hole - Johan Steyn Jan 2004

          Article Recommended

        12. International legal protection of human rights in armed conflict - United Nations c2011

          Book Recommended

    4. Week 6 - War (continued); the Territorial Limits of Human Rights 34 items
      This week continues the discussion on human rights in war, but turns from liberty (derogable) and torture (non-derogable and similarly prohibited in both regimes) to the right to life (typically non-derogable and yet not protected identically in war and in peace). We will examine the rules on killing under the law of armed conflict and consider how these diverge from the rules under international human rights law. How are we to understand the interaction between the two regimes in war? Where does the current practice of targeted killing fit? Which regime (if either) applies and what turns on this – normatively, practically, institutionally? Where do the standards articulated by the Israeli Supreme Court and the Obama Administration leave us in this respect? What is the role of law here? A second issue – often, but not uniquely, arising in debates on the application of human rights law in war – is that of the territorial limits of a state’s human rights obligations. We will explore the ways in which doctrines defining those limits have evolved over time, considering why different legal authorities have articulated different standards and considering the implications for the future. In particular, we will reflect on how existing doctrines of extraterritorial human rights obligations, developed in the context of the state’s physical presence and control abroad, do or do not illuminate contemporary challenges like drones and electronic surveillance. Why does territory matter at all? What is at stake in developing the legal regime in this area? What are the avenues of most promise for progressive modes of extraterritorial accountability? Is there a dark side to enhanced extraterritorial protection?
      1. Required Reading: 19 items
        1. Prohibited weapons - Yoram Dinstein

          Chapter Essential

        2. Public Committee Against Torture in Israel v. Israel, Supreme Court of Israel, HCJ 769/02 - Supreme Court of Israel 2006

          Document Essential ¶¶1-2, 21-40, 60-64 and Rivlin, J. Separate Opinion ¶¶1-3

        3. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 906-919

        4. Smith (No. 2) v. Ministry of Defence [2013] UKSC 41 - Supreme Court 19 June 2013

          Legal Case Document Essential ¶¶ 1; 4-8; 42-66; 76; 79-81

        5. Foreign Surveillance and Human Rights: Introduction - Marko Milanovic 25-29 Nov 2013

          Webpage Essential Parts 1-5

        6.  

          Human Rights Committee, Concluding observations on the 4th periodic report of the USA (2014) CCPR/C/USA/CO/4 (23 April. 2014) ¶ 22 

           

          http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FUSA%2FCO%2F4

      2. Further Reading: 15 items
        1. Report of UN Special Rapporteurs on Mission To Lebanon And Israel, UN Doc A/HRC/2/7 - Philip Alston, Paul Hunt, Walter Kälin, Miloon Kothari Sept 2006

          Webpage Recommended

        2. Responding to Hizbullah attacks from Lebanon: Issues of proportionality - Israeli Ministry of Foreign Affairs 25 July 2006

          Webpage Recommended

        3. Prosecutor v. Blaškić, Appeal Judgement, Case No. IT-95-14-A - International Criminal Tribunal for the former Yugoslavia July 2004

          Document Recommended Click on web address; then scroll down to '29 Jul 2004' heading, and click on 'Judgement'

        4. Prosecutor v. Gotovina, Appeals Judgment, Case No. IT-06-90-A - International Criminal Tribunal for the former Yugoslavia Nov 2012

          Document Recommended

        5. Prosecutor v. Galić, Trial Judgment, Case No. IT-98-29-T - International Criminal Tribunal for the former Yugoslavia 2003

          Document Recommended

        6. Targeting and Contemporary Aerial Bombardment - Marco Roscini Apr 2005

          Article Recommended

        7. Business and Human Rights: The Evolving International Agenda - John Gerard Ruggie Oct 2007

          Article Recommended

        8. Extraterritorial jurisdiction - Business & Human Rights Resource Centre

          Webpage Recommended

    5. Week 7 - The Duty to Fulfill and the Challenge of Economic and Social Rights 38 items
      In what sense, and under what conditions, can economic and social rights provide the basis for international law to check domestic political decision-making? What do the treaties and the associated interpretive bodies suggest is the meaning of identifying economic and social rights as international legal rights? The core difficulty in the context of economic and social rights is, of course, that of resources. Can the complexities posed by limited available resources be accommodated in a way that leaves a role for international law in this domain? Have the relevant supranational authorities’ efforts in this regard shown promise in defining a place for international human rights law in the protection of economic and social rights? Do domestic constitutional judgments on economic and social rights (particularly in India and South Africa) demonstrate the justiciability of economic and social rights? Can they inform our understanding of the international legal regime on these issues?
      1. Required Reading: 14 items
        1. International Covenant on Economic, Social and Cultural Rights - Office of the High Commissioner for Human Rights 1966

          Webpage Essential Re-read

        2. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 310-381

        3.  

          Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda Carmona, UN Doc. A/HRC/26/28 (22 May, 2014)  ¶¶ 36-69 

           On Moodle.

        4. Acevedo Buendía v. Perú, IACtHR (1 July, 2009)

          Document Essential ¶¶ 43, 52-53, 65, 77-79, 91-107

      2. Further Reading: 24 items
        1. How the Millennium Development Goals are Unfair to Africa - William Easterly Jan 2009

          Article Recommended

        2. The hollow hope: can courts bring about social change? - Gerald N. Rosenberg 2008

          Book Recommended

        3. Stones of hope: how African activists reclaim human rights to challenge global poverty - Lucie White, Jeremy Perelman c2011

          Book Recommended Not held at UCL; available at British Library and King's College London

        4. Litigating health rights: can courts bring more justice to health? - Alicia Ely Yamin, Siri Gloppen 2011

          Book Recommended

        5. African Charter on Human and Peoples Rights (information on complaints under the Charter is available at http://www.achpr.org/communications/)

        6. European Social Charter (information on complaints under the Charter is available at http://www.coe.int/t/dghl/monitoring/socialcharter/Complaints/Complaints_en.asp)

        7. Protecting economic, social and cultural rights in the Inter-American human rights system - Tara Melish 2002 (Unknown Binding)

          Document Recommended (see further info on Protocol of San Salvador) (Not held at UCL; available at British Library)

        8. The Comparative Fortunes of the Right to Health: Two Tales of Justiciability in Colombia and South Africa - Katharine G. Young, Julieta Lemaitre 2013

          Article Recommended Click on web address; then under 'Volume 26 Issue 1', click on 5th article down

    6. Week 8 - Group Rights 23 items
      One of the key complexities that we have discussed from various angles in prior weeks is that of the conflict between different human rights and between particular human rights and other social values. A further complication, however, is the notion that groups may have rights independent of, and perhaps contrary to, the projects or wishes of at least some of their members. Note that this is a very different concept from that of non-discrimination (discussed in prior weeks), which protects individuals from various harms that might be inflicted on them in virtue of their group membership, and which is enshrined in a wide array of human rights treaties and provisions. Here the issue is instead that the group itself may hold distinct rights. This concept raises the prospect of further conflict internal to international human rights law and triggers a number of questions. What do group rights capture that individual rights do not? Can the vision of individual human dignity that might seem to be at the core of international human rights law be reconciled with a notion of group rights that allows such rights to deviate from the interests and projects of the group’s members? Accepting the concept of group rights, which groups should be given special recognition and protection? Are groups to be defined objectively or subjectively? Who is entitled to speak for the group when the membership is not unanimous on a particular rights issue, and on what grounds? Who decides that question? Perhaps the most profound group right (in theory) is the right to self-determination. What are we to make of that right and of its inclusion in the domain of international human rights law? What does it entail? Under what conditions may it be invoked? What is the status of indigenous peoples in human rights law and why? Do different kinds of groups warrant different kinds of concerns?
      1. Required Reading 22 items
        1. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

          Book  pp. 333-355

        2. International human rights: text and materials - Philip Alston, Ryan Goodman, Henry J. Steiner 2012

          Book  pp. 557-581

        3. ICCPR

          Document Essential arts 1, 18(4), 25, 27

        4. ACHPR

          Document Essential arts 13, 19-24, 27-29

        5. The Human Rights Situation of Indigenous People in the Americas, IACmHR, OEA/Ser.L/V/II/108, Doc. 62 (2000)

          Document Essential Chapter III, Part 6 (“concept of collective rights in relation to human rights”)

        6. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp.557-581, 627-642

      2. Further Reading 1 item
        1. ·       COE Franework Convention for the Protection of National Minorities (1 February, 1995)

          ·       ECHR, Protocol No. 1

          ·       Inter-American Democratic Charter, adopted by the General Assembly of the OAS (11 September 2001)

          ·       Declaration on the Granting of Independence to Colonial Countries and Peoples (1960)

          ·       Document of the Copenhagen Meeting of the Conference on the Human Dimension, June 29, 1990 arts 31-38

          ·       Commentary of the Working Group on Minorities to the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities, U.N. Doc. E/CN.4/Sub.2/AC.5/2005/2 (2005)

          ·       CmtERD General Recommendation 23, Rights of indigenous peoples (Fifty-first session, 1997), U.N. Doc. A/52/18, annex V at 122 (1997)

          ·       The Mayagna (Sumo) Indigenous Community of Awas Tingni v. the Republic of Nicaragua, Judgement, 31 August 2001, IACtHR, Series C No. 79

          ·       African Commission on Human and Peoples' Rights, Resolution on the Adoption of the Report of the Working Group on Indigenous Populations/Communities, 34th Ordinary Session (2003)

          ·       Allen E. Buchanan, Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law (2004)

          ·       Allen Buchanan, Theories of Secession, 26(1) Philosophy & Public Affairs 31 (1997)

          ·       Thomas M. Franck, The Emerging Right to Democratic Governance, 86 Am. J. Int'l L. 46 (1992)

          ·       Karen Knop, Diversity and Self-Determination in International Law (2002)

          ·       Edward McWhinney, Self-Determination of Peoples and Plural-Ethnic States in Contemporary International Law (2007)

          ·       Christopher Heath Wellman, A Theory of Secession: The Case for Political Self-Determination (2005)

          ·       Foundation on Inter-Ethnic Relations, The Lund Recommendations on the Effective Participation of National Minorities in Public Life (1999)

          ·       Marc Weller ed., The Rights of Minorities in Europe: A Commentary on the European Framework Convention for the Protection of National Minorities (2005)

          ·       Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal (1995)

          ·       Diane F. Orentlicher, Separation Anxiety: International Responses to Ethno-Separatist Claims, 23 Yale J. Int'l L. 1 (1998)

          ·       Patrick Thornberry & María Amor Martin Estébanez, Minority Rights in Europe: A Review of the Work and Standards of the Council of Europe (2004)

          ·       Marc Weller, Universal Minority Rights: A Commentary on the Jurisprudence of International Courts and Treaty Bodies (2007)

          ·       Steven Wheatley, Minorities, Democracy and International Law (2005)

          ·       Steven R. Ratner, Does International Law Matter in Preventing Ethnic Conflict, 32 NYU J. L & Pol 591 (2000)

          ·       Hurst Hannum, Minorities, Indigenous Peoples, and Self-Determination, in Human Rights: An Agenda for the Next Century 1 (Louis Henkin & John Lawrence Hargrove, eds., 1994)

          ·       Oscar Janowsky, Nationalities and National Minorities (1945)

          ·       Robert Cullen, Human Rights Quandary, 71 Foreign Affairs 79 (Winter 1992/1993)

          ·       R Wirising ed., Protection of Minorities: Comparative Perspectives (1981)

          ·       Louis B. Sohn, The Rights of Minorities, in The International Bill of Rights 270 (Louis Henkin ed., 1981)

          ·       Gregory H. Fox, Self-Determination in the Post-Cold War Era: A New Internal Focus? 16 Mich. J. Int'l L. 733 (1995)

          ·       S. James Anaya, Indigenous Peoples in International Law 56-57 (2d ed. 2004)

          ·       Viniyanka Prasad, The UN Declaration on the Rights of Indigenous Peoples: A Flexible Approach to Addressing the Unique Needs of Varying Populations, 9 Chi. J. Int'l L 297 (2008)

          ·       Patrick Thornberry, Indigenous Peoples and Human Rights (2002)

          ·       Alexandra Xanthaki, Indegenous Rights and United Nations Standards: Self-Determination, Culture, and Land (2007)

          ·       International Law and Indigenous Peoples (Joshua Castellino and Niamh Walsh eds. 2005)

          ·       James Crawford ed., The Rights of Peoples (1992)

          ·       Philip Alston ed., Peoples' Rights (2001)

    7. Week 9 - Sharing Human Rights Violations: Non-Refoulement, Complicity, and Competing Legal Obligations 38 items
      One of the most pressing challenges in the context of international human rights law (and international law in general) is that of shared responsibility. There is very little law on what it means for multiple states to be responsible simultaneously for the same violation. And yet, increasingly, human rights violations occur either through complex systems of interstate collaboration or in a context of global inaction. We will consider various dimensions of this problem in weeks 9 & 10 of this module and in week 1 of PUBLG063. This week we will examine international legal authorities’ limited efforts to address this issue as it has arisen in the context of collective government action that violates the duties to respect and protect human rights. Next week we will turn to the issue of human rights violations perpetrated pursuant to other international legal obligations (particularly in the context of international organisations). In the first week of PUBLG063, we will consider collective failures to discharge the duty to fulfill, particularly in the domains of climate change and economic development. Our discussion this week will begin with the most well-developed doctrine relevant to shared responsibility for human rights violations – that of non-refoulement – but we will quickly see the need for a more comprehensive architecture of collective responsibility. We will distinguish two forms of shared human rights failures: (i) cooperating in another state’s wrongdoing, and (ii) shared non-cooperative wrongdoing (such as when military opponents jointly cause an indivisible wrong). In thinking about these scenarios, what are the stakes on either side? Is the trend towards cooperative inter-state ventures, particularly in the security sector, diffusing human rights responsibility and undermining accountability? What law applies when states subject to different international human rights regimes act together?
      1. Required Reading: 13 items
        1. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

          Book Essential pp. 445-456

        2. Al-Saadoon & Mufdhi v UK, ECtHR (61498/08) - European Court of Human Rights 02 Mar 2010

          Legal Case Document Essential ¶¶ 24; 39-43; 45-49; 63-68; 118; 120-28; 138-45; 171

        3. El Masri v. Former Yugoslav Republic of Macedonia, ECtHR, App No. 39630/09 - European Court of Human Rights (Grand Chamber) 13 Dec 2012

          Legal Case Document Essential ¶¶ 3; 17-23; 62-63; 167-168; 198; 205-211; 215-223; 235-241

        4. Ilaşcu v. Moldova and Russia, ECtHR, App no. 48787/99 - European Court of Human Rights (Grand Chamber) 08 July 2004

          Legal Case Document Essential ¶¶ 1-3; 310-352; 378-394, 488-494

        5. Hussein v. Albania & Others, ECtHR, Admissibility Decision, App no. 23276/04 - European Court of Human Rights 14 March 2006

          Legal Case Document Essential

        6. Hess v UK, European Commission of Human Rights, App no. 6231/73 (1975).

        7. The EU’s Dirty Hands - Human Rights Watch Sept 2011

          Webpage Essential pp. 1-5; 10-20; 38-40; 46-56

        8. Al-Nashiri v. Poland, ECtHR, App no. 28761/11 (24 July, 2014)

          Document Essential ¶¶ 41, 47-61, 83-111, 401-443, 451-459, 509-519, 530-531, 586-589

      2. Further Reading: 25 items
        1. Shared Responsibility in International Law - André Nollkaemper, Dov Jacobs Winter 2013

          Article Recommended Click on web address; then click on '34 (2012-2013)' heading; scroll down and click on 'page 359'

        2. Kadi: The ECJ's Reminder of the Elementary Divide between Legal Orders - Jean d'Aspremont, Frédéric Dopagne 2008

          Article Recommended

        3. Human rights and climate change - Stephen Humphreys c2010

          Book Recommended

        4. Beyond Technology Transfer: Protecting Human Rights in a Climate-Constrained World - International Council on Human Rights Policy 2011

          Document Recommended Click on web address; then scroll down to 'ICHRP Library' and click on cover of report

        5. Fundamental rights in the EU after Kadi and Al Barakaat - N. Türküler Isiksel Sep 2010

          Article Recommended

        6. The Problem of Global Justice - Thomas Nagel Spring 2005

          Article Recommended

        7. World poverty and human rights: cosmopolitan responsibilities and reforms - Thomas Winfried Menko Pogge 2008

          Book Recommended

        8. The Relationship Between Community Law and International Law after Kadi - Aurel Sari

          Chapter Recommended

        9. Human rights and development - Peter Uvin 2004

          Book Recommended

    8. Week 10 - Fragmentation Revisited: A Human Rights Duty to Violate International Law? 12 items
      What happens when states’ human rights obligations conflict with other international law obligations? Is jus cogens of any use in resolving such conflicts? Are there ways in which expansive doctrines of shared responsibility might be counterproductive from a human rights or rule of law perspective? What are the implications for how activists, institutions, states, or architects of the regime might move the regime forward? The current consensus is that waging war to prevent severe human rights violations is unlawful, unless authorized by the UN Security Council. What are the putative dangers of permitting unilateral humanitarian intervention as a matter of international law? Are they convincing? Did the emergence of the Responsibility to Protect (R2P) concept change the terms of this debate? Does it create another form of normative conflict? What is the meaning of the Kosovo Commission’s notion of “illegal yet legitimate” war?
      1. International human rights: text and materials - Philip Alston, Ryan Goodman 2012

        Book Essential pp. 745-759.

      2. Human rights, intervention, and the use of force - Philip Alston, Euan Macdonald, Academy of European Law 2008

        Book Essential Chapter 5: Anthea Roberts, Legality Verses Legitimacy: Can Uses of Force be Illegal but Justified?

      3. UN Charter - United Nations 1945

        Document Essential arts 1-2, 23-26, 39-51, 55, 56, 103

      4. Al-Jedda v. UK, ECtHR, App. no. 27021/08 - European Court of Human Rights (Grand Chamber) 07 July 2011

        Legal Case Document Essential ¶¶ 9-15; 45-46; 87, 100-101, 105-109

      5. Kadi & Al Barakaat International Foundation v. Council of the EU & Commission of the EU, ECJ C-402/05 P & C-415/05 P - European Court of Justice (Grand Chamber) 03 September 2008

        Legal Case Document Essential ¶¶ 3-10; 13-15; 18-21; 25; 31-33; 97; 255-56; 283-288; 292-299; 312-315; 321-327; 348-49; 372-376

      6. European Commission v. Kadi, ECJ C-584/10 P & C-595/10 P - European Court of Justice (Grand Chamber) 18 July 2013

        Legal Case Document Essential ¶¶ 12; 27-33; 97-98; 103; 135-137; 141-142; 151-164

      7. The Responsibility to Protect - International Commission on Intervention and State Sovereignty Dec 2001

        Document Essential Chs. 4, 6

    9. Further Reading 1 item
      1. ·       Philip Alston ed., The EU and Human Rights (1999)

        ·       Matej Avbelj, Filippo Fontanelli, Giuseppe Martinico, Kadi on Trial (2014).

        ·       Jean d'Aspremont & Frédéric Dopagne, Kadi: The ECJ's Reminder of the Elementary Divide Between Legal Orders, 5 Int'l Org L. Rev. 371 (2008).

        ·       Ian Brownlie & C.J. Apperley, Kosovo Crisis Inquiry: Memorandum on the International Law Aspects, 49 ICLQ 878(2000)

        ·       Erika de Wet, The International Constitutional Order, 55 ICLQ 51 (2006).

        ·       Thomas Franck, Recourse to Force (2002) Chs. 9-10.

        ·       Christine Gray, International Law and the Use of Force (2008) Chs. 2 & 8.

        ·       Aidan Hehir, Humanitarian Intervention after Kosovo: Iraq, Darfur and the Record of Global Civil Society (2008).

        ·       N. Türküler Isiksel, Fundamental rights in the EU after Kadi and Al Barakaat, 16 Eur. L.J. 551 (2010).

        ·       Juliane Kokott and Christoph Sobotta, The Kadi Case – Constitutional Core Values and International Law – Finding the Balance?, 23 Eur. J. Int'l L. 1015 (2012).

        ·       Nico Krisch, Legality, Morality and the Dilemma of Humanitarian Intervention after
Kosovo, 13 Eur. J. Int'l L. 323 (2002).

        ·       Eve
Massingham, Military Intervention for Humanitarian Purposes: Does
the Responsibility to Protect Doctrine Advance the Legality of the Use of Force for Humanitarian Ends?, 876 Int'l Rev. Red Cross 803 (2009).

        ·       Cedric Ryngaert, The European Court of Human Rights' Approach to the Responsibility of Member States in Connection with Acts of International Organizations, 60 ICLQ 997 (2011).

        ·       Aurel Sari, The Relationship Between Community Law and International Law after Kadi, in International Law in a Multipolar World (Matthew Happold, ed., 2011).

        ·       Jennifer Welsh, The Responsibility to Protect: Dilemmas of a New Norm, 111 Current History 291 (2012).

        ·       Katja S. Ziegler, Strengthening the Rule of Law, but Fragmenting International Law: The Kadi Decision of the ECJ from the Perspective of Human Rights, 9 Hum. Rts. L. Rev. 288 (2009).

        ·       Marko Milanović, 'Norm Conflict in International Law: Whither Human Rights?', 20 Duke J. Comp. & Int'l L. 69 (2009).

  4. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

    Book  pp. 15-71, 75-95, 143-155

  5. International human rights law - Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, D. J. Harris c2014

    Book  p.333-355

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