- Recognition of human rights
- Access to the legal system
Access: the capacity to gain access to the legal system in order to achieve a legal remedy. Equity: the law doesn't 'see' individual circumstances - Justice should be blind. Fairness: a difficult concept. What is 'fair'. Equality does not always lead to fairness. We agree it should be 'fair', but cannot always agree on what this means. Equality: Equal treatment of all.
Human Rights: said to be fundamental and inalienable - every person is entitled to them and no government is allowed to take them away.
Sources of International Law
- Legal writings
- Legal decisions
The International Court of Justice: main judicial organisation of the untied Nations. It consists of 15 judges, each representing a different geographical region. 2 main functions:
- Decide on disputes brought before it by member nations.
- Offer legal advice on international law when a nation requests it.
The ICJ is a court at which only nations have standing. Individuals, corporations or other organisations cannot bring a matter before the court although nations are authorised to bring a case before the court on behalf of a citizen.
Robertson is a human rights lawyer. Without even reading his essays, what could we assume in his position on: free speech, privacy, capital punishment, censorship and incarceration. As you read the essays, find examples that either support or challenge your initial assertions.
Free speech: outright supporter of free speech for everybody. Privacy: could be complex - appears on one hand that all people should have the right to keep their personal lives intact, yet Robertson may fear privacy can lead to things not being investigated or being kept secret. Capital punishment: always against it. May depend on the nature of the crime - often it is easier to be opposed to capital punishment in the abstract. Censorship:...
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