Wednesday, July 24, 2019
International Human Rights Treaties Essay Example | Topics and Well Written Essays - 1250 words
International Human Rights Treaties - Essay Example Hathaway (588) states that there are two main UN-chartered based enforcements. The two are declarations and conventions. The extent to which declarations are effective enough to attract compliance is limited. This is because; declarations depend on the willingness of the host country to enforce certain laws. In addition, declarations are not legally binding. However, declarations have major political implications in terms of enforcement and the willingness to comply by the members bound by the said declarations. Under the international law on the other hand, conventions are legally binding. According to Neumayer (925), it is common knowledge that international human rights are generally under-enforced. The reason given for this under-enforcement is due to the nature of enforcement of such treaties, which is mainly done through transitional legal processes. The international legal processes in this context refer to the collaboration between various legal institutions across the world. Kinney (1457) also shows the distinct difference between obedience and enforcement. Obedience does not involve any consequences other than the fact that disobedience of the law may have indirect political, economic, and social implications. However, enforcement is subject to punitive measures in terms of violations. This implies that laws that are enforced attract legal measures and implications at the behest of the international community. The situation is often complicated when some nations are not part of any international community.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.