Essay Example on International conventions they are relinquishing some Part of Their Sovereignty








International conventions they are relinquishing some part of their sovereignty to the international community States cannot violate the rights of their citizens and get away with it Even though there is no strong enforcement mechanism in the international sphere actions like naming and shaming economic sanctions and sometimes prosecuting heads of states are taken when there is violation of Human Rights Human Rights played the main role in the decolonization process The right to self determination was recognized as fundamental right and states were allowed to be free from their colonists In 1974 after UN security council imposed sanction on Rhodesia because the state was violating the people of Zimbabwe s right to self determination Human Rights have a crucial role with regards to states relationship and states relationship with international organization When states enter in to bilateral or multilateral agreements it needs to be in compliance with fundamental human rights Article 53 of the Vienna Convention on the Law of Treaties states that a treaty is void if at the time of its conclusion it conflicts with a peremptory norm of general international law Any agreement entered that violates Jus cognes is void Hence states can t sign a treaty with other state or international organization agreeing to start a slave trade or violate other people s right to self determination

This is an evidence of how human rights is fundamental in International law 

Treaties and General principle of their Interpretation Treaties sometimes called agreements conventions exchanges of notes or protocols between States or sometimes between States and international organizations are one of the sources of international law They are binding on the signatories because of the customary international law pacta sunt servanda Treaties regulate both private and public international law The most fundamental rule in interpretation of treaty is found on the Vienna Convention on the Law of Treaties Article 31 1 A treaty shall be interpreted in good faith in accordance with the ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose In the matter of treaty interpretation good faith demands the compliance of the following requirements if the treaty is clear the meaning should not change under the pretext of respecting the spirit the used terms in the treaty must be assigned to their ordinary natural meaning and they should be interpreted taking into account the object and purpose of the treaty to a term it will be assigned a special meaning if it is established that it was the intention of the parties When there are unclear or obscure terms in a treaty article 32 of the convention states that Recourse may be had to supplementary means of interpretation including the preparatory work of the treaty and the circumstances of its conclusion in order to confirm the meaning resulting from the application of article 31 UN and Human Rights

The United Nations plays a central role in reducing international tensions preventing conflicts and putting an end to fighting already underway It deals with our environment outer space and the sea bed It has helped wipe out many diseases and expand food production It cares for and protects refugees expands literacy and responds quickly to natural disasters It also protects and promotes rights of individuals by setting a global standard for human rights

 The UN Charter contains specific articles on human rights One of the principal purposes of the organization according to Article 1 paragraph 3 of the Charter is international co operation to promote and encourage respect for human rights and fundamental freedoms for all without distinction as to race sex language or religion In this task the General Assembly was given the power to initiate studies and make recommendations to governments Article 13 Article 55 of the Charter states that The United Nations shall promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race sex language or religion According to article 62 paragraph 3

One of the tasks of the Economic and Social Council ECOSOC is to make recommendations for the purpose of promoting respect for and observance of human rights and fundamental freedoms for all This general authority was supplemented with the specific requirement that the Economic and Social Council should set up a commission for the promotion of human rights Article 68 Finally Article 76 states that one of the basic objectives of the Trusteeship System is to encourage respect for human rights and fundamental freedoms for all without distinction as to race sex language or religion Article 103 of the UN Charter is the supremacy clause by stating that the obligations of UN Member States under the Charter prevail in the event of a conflict over their obligations under any other international agreement The meaning of this provision is not very clear and has been subject to many debate This is when we resort to general rules of treaty interpretation as stated on article 31 and 32 o the Vienna Convention on the Law of Treaties

Write and Proofread Your Essay
With Noplag Writing Assistance App

Plagiarism Checker

Spell Checker

Virtual Writing Assistant

Grammar Checker

Citation Assistance

Smart Online Editor

Start Writing Now

Start Writing like a PRO