Flashcards in 1.1 g) Developing recognition of HR: Peace Deck (15):
Are peace rights still developing?
Define peace rights
Peace rights are the fundamental entitlements afforded to all people to live free from conflict, war or any form of oppression. These are affirmed in documents such as the UDHR and ICCPR
What did Grotius a Dutch lawyer argue that symbolised the beginning of a recognition of the right to peace?
In 16th century, Grotius argued that international and natural law divided war into just and unjust laws.
What did Grotius do?
laid the foundations for international law, based on natural law.
Why did the League of Nations (the first international organisation that aimed to achieve global peace and reduce interstate conflict fail?
The Treaty of Versailles instigated the beginning of WWII, it didn't prevent conflict.
It didn't have membership of key players and was too focused on nationalism
Who formed the League of Nations and what idea did it really strongly initiate?
Victors of WWI, that peace should be officially maintained.
When the UN replaced the League of Nations in 1945, what did Article 1(1) state
That UN's purpose was to maintain international peace and security
What did Article 2 (4) of UN Charter 1945 state?
requires that disputes be resolved by peaceful means (devastation of WWI and WWII lies behind this)
What did the UN General Assembly assert in 1984
Declaration of the Right of Peoples to Peace -non-binding resolution
Why is the UNSC outdated by having the P5?
It represents the WO of 1935 and needs to consideration for nations that have grown significantly- India
LIMITED BY VETO POWERS
What is consistent with the Declaration of the Right of Peoples to Peace 1984?
Nuclear Non-Proliferation Treaty 1963 which recognised that nuclear weapons severely threatened the right to peace.
What situations threaten peace?
Pakistan which has nuclear weapons and is involved in conflict over contested Kashmir territory
North Korea has nuclear weapons building program as does Iran to a limited extent more recently.
What legal loopholes provide a partial explanation for the prevalence of conflict and war?
Article 51: States have right to self-defence
-Special powers to enforce peace can be abused (eg.
LOOPHOLE: Special powers to enforce peace can be abused eg...
US invasion of Iraq
- justified by UN resolutions
-But didn't get direct approval from UNSC, so argued to be illegal