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Beyond universalism : the future of international human rights law (Law708H1S) PDF

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UNIVERSITY OF TORONTO University of Toronto FACULTY OF LAW Y ■ R A ■ BR a LIi W i A LI KIN II S LAII A OR I BI BEYOND UNIVERSALISM: THE FUTURE OF INTERNATIONAL HUMAN RIGHTS LAW (LAW708H1S) Winter 2007-2008 Patrick Macklem JAN - 8 2003 FACULTY CF LAW UNWERSITY OF TORONTO University of Toronto BEYOND UNIVERSALISM: THE FUTURE OF INTERNATIONAL HUMAN RIGHTS LAW (LAW708H1S) Winter 2007-2008 Patrick Macklem Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/beyonduniversaliOOmack BEYOND UNIVERSALISM: THE FUTURE OF INTERNATIONAL HUMAN RIGHTS LAW (LAW708H1S) Winter 2007-2008 Patrick Macklem Schedule: January 7 to 15, 2008 7 M: 6:10-8:10 8 T: 2:10-4:00 9 W: 2:10-4:00 10 Th: 4:10-6:10 11 F: 10:30-12:30 14 M: 1:10-3:40 15 T: 2:10-4:00 This course addresses the potential of international human rights law to move beyond its traditional mission of protecting universal features of what it means to be a human being. We will first explore the proposition that international human rights law should engage more closely normative questions surrounding the allocation, distribution and protection of sovereign authority, and orient its commitments toward the promotion of a just international distribution of sovereign power. This part of the course will focus on the role that cultural, minority, and indigenous rights, and the right of self-determination, play in the promotion of a just international legal order. We will then assess whether and how the field should strive to mitigate some of the adverse distributional consequences of economic globalization. This part of the course will focus on the relationship between (i) international economic and social rights, equality rights, labour rights, and rights to development; and (ii) international legal commitments to the liberalization of trade, services and investment. The course will relate both normative inquiries to legal and institutional developments in United Nations Charter and treaty organizations, the International Labour Organization, the Council of Europe, the European Union, the World Bank, and the World Trade Organization. Readings for the course will juxtapose: (a) decisions and views of international and regional human rights bodies; (b) programmatic approaches adopted by regional and international institutions; and (c) the work of selected legal and political theorists on the nature of sovereignty, nationalism, cosmopolitanism, and international distributive justice. Evaluation: Students will be required to write a 10-12 page research paper, which will be graded on an Honours/Pass/Fail basis. Papers must be delivered to the Records Office by 4:00 p.m. on Tuesday February 5, 2008. Graduate students are graded on the graduate grading scale. Overview of the Field - Themes of the Course Louis Henkm, “International Law: Politics, Values, and Functions”.1 Charles R. Beitz, “Human Rights and the Law of Peoples,” in D.K. Chatterlie (ed.). The Ethic's of Assistance: Morality and the Distant Needy (Cambridge: Cambridge University Press, 2004) 193-214 ...5 The Right of Self-Determination Diane Orentlicher, “Separation Anxiety: International Responses to Ethno-Separatist Claims” (1998) 23 Yale J. of Int’l Law 1.27 Reference Re: Secession of Quebec (1998) 161 D. L. R. (4th) 385 .37 Indigenous Peoples Rights United Nations Declaration on the Rights of Indigenous Peoples.47 Minority Rights Cba’are Shalom I re Tsedek v. Trance, European Court of Human Rights, 2000 .58 Francis Hopu and Tepoaitu Bessert v. Trance CCPR/C/60/D/549/1993/Rev. 1 (29 December, 1997) .69 Ivan Kitok v. Sweden CCPR/R/33/D//197/1985 (10 August, 1988) .79 Qminayak, Chief of the Rubicon Take Band v. Canada CCPR/C/38/D/167/1984 (5 October, 1990).85 Equality Rights Aumeentddy-Cfffra et al. v. Mauritius (Communication no. 35/1978).89 T.H. Zwaan v. The Netherlands (Communication no. 182/1984) .92 Carl Henrik Blow v. Sweden (Communication no. 191/1985) .96 Ibrahima Gueye et al. v. Trance (Communication no. 196/1985) .98 Frederic Toin v. Trance (Communication no. 666/1995) .100 Alina Simunek et al. v. The Cpech Republic (communication no. 516/1992) .106 Joseph Kavanagh v. Ireland (Communication no 819/1998) .109 Social Rights Yuval Shany, “Stuck in a Moment of Time: The International justiciability of Economic, Social and Cultural Rights,” in Daphne Barak-Erez & Aeyal Gross (eds), Exploring Social Rights: Between Theory and Practice (Oxford: Hart Publishing, forthcoming) 77-106 .114 Upendra Baxi, “Failed Decolonisation and the Future of Social Rights: Some Preliminary Reflections,” in Daphne Barak-Erez & Aeyal Gross (eds), Exploring Social Brights: Between Theory and Practice (Oxford: Hart Publishing, forthcoming) 75-89 .144 Labour Rights Philip Alston, “’Core Labour Standards’ and the Transformation of the International Labour Rights Regime” (2004) 15 EJIL 457-521.159 Brian Langille, “Core Labour Rights - The True Story (Reply to Alston)” (2005) 16 EJIL 409-437 .224 Philip Alston, “Facing Up to the Complexities of the ILO’s Core Labour Standards Agenda” (2005) 16 EJIL 467-480 ... .253 The Right to Development “Anthony Carty, “From the Right to Economic Self-Determination to the Right to Development: A Crisis in Legal Theory” [1984] Third World Legal Studies 73 .267 Isabella D. Dunn, “The Right to Development: Implications for International Economic Law” 15 Am. U. Int’lL. Rev. 1425 (2000) .281 Documents Charter of the United Nations.324 Universal Declaration of Human Rights. 335 International Covenant on Civil and Political Rights. 340 Protocols to the International Covenant on Civil and Political Rights.351 International Covenant on Economic, Social and Cultural Rights.354 European Convention for die Protection of Human Rights and Fundamental Freedoms.361 Protocols to the European Convention for the Protection of Fluman Rights and Fundamental Freedoms. 371 International Labour Organisation Convention 98 . 374 Declaration on the Right to Development.380

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