41063004--International Human Rights Law

发布时间:2023-09-20浏览次数:60

Course Syllabus of Zhongnan University of Economics and Law


Course Title:  International Human Rights Law

Course Code

41063004

Semester

Spring 

Teaching Hours

48

Credits

3

Prerequisites

International Public Law

legal concepts and legal language

Instructor Information

Name

Yin Sheng

Email

2734981947@qq.com

Institute

Law school of ZUEL

Applicable Object

International Students

Course Objectives

Learn how an individual’s human rights are protected from both public and private power by international laws.

Analyze and comment on key controversies surrounding the development of international human rights law.

Rely on the mechanisms for the protection of human rights, at domestic and regional or international levels, in order to contribute to their effective enforcement.

Be an active participant in the global human rights movement, which brings together trade unions, NGOs, national human rights institutions, and activist lawyers from different world regions.

Course Description

(200 words)

Human rights protection has been highlighted by the international community since World War two, the protection of human rights and fundamental freedoms and the prohibition of discrimination were included among the objectives of UN. Nowadays human rights council and 10 human rights treaty bodies etc. In UN system together with ILO play dominant role in human rights protection at global level.This course will explore how international human rights law evolve and how they can be enforced and progressively realized. It will examine the sources of international human rights law , including both civil and political rights and economic, social and cultural rights, while the 1948 Universal Declaration of Human Rights and 9 international core human rights treaties will be focused.It will address the most debated human rights issues and the specific problems and difficulties we face in human rights protection. It will relate the rights of individuals to the duties of States (to respect, protect and fulfil human rights). And it will assess the effectiveness of the mechanisms of protection of human rights, at both global ,regional and domestic levels. Unfortunately, systematic violation of human rights treaties and massive human rights abuse mostly done by a couple of big powers, which seriously threaten the international peace and security and lead to massive killing.Leaving restrictions on UN security council veto regime and pushing big powers into International Criminal Court seem to be a good solution although its against the jungle rule of modern community.

Assessment Methods

 

The degree is assessed by coursework (20%), debate (30%) and a thematic research presentation (50%).

 

Textbooks and References

 

Manfred Norwark, Inrtoduction to the International Human Rights  Regime, Martinus Nijhoff  Publishers, 2003.

Manfred Nowak, CCPR Commentary-UN Covenant on Civil and Political Rights, N.P. Engel Publisher, 2nd revised edition, 2005.

Merris Amos, Human Rights Law: A Textbook for UK Lawyers, Hart Publishing, 2006.

Christian Tomuschat, Human Rights: Between Idealism and Realism, OUP Oxford, 2008.

Howard Davis, Human Rights, Pearson Education Limited, 2nd New edition, 2013.

Andrew Clapham, Human Rights, Audible Studios on Brilliance, 2017.

Howard Davis, Human Rights Law Directions, OUP Oxford, 2016.

Paul Beckett, Tax Havens and International Human Rights, Routledge, 2017.

Bernadette Rainey , Elizabeth Wicks, Clare Ovey, The European Convention on Human Rights,  OUP Oxford, 2017.

David Harris, Michael O'Boyle, Edward Bates, Carla Buckley, Law of the European Convention on Human Rights, OUP Oxford, 2009.

 

Course planning

Chapter 1

Topic1:Introduction to Intl Human rights law

Topic2:Human rights protection and cultural diversity

Chapter 2

Topic1:Nuremberg Trial and Tokyo Trial

Topic2:Right to peace is the first human right

Chapter 3

Topic1:Rwanda Massacre

Topic2:Root cause of massacre:discrimination or hatred speech or else?

Chapter 4

Topic1: Int’l Criminal Court

Topic2: ICCs investigation against USA in Afghanistan (more case study)

Chapter 5

Topic1: Human Rights Council and Universal Periodic Review

Topic2: UN treaty bodies and ILO standards

Chapter 6

Topic1: Corporate compliance with human rights protection 

Topic2: typical cases study

Chapter 7

Topic1:To which situations do human rights apply?
Jurisdiction, State sovereignty and national territory
The typology of human rights: respect – protect – fulfill
Situations of emergency and derogations

Topic2: When may human rights be restricted?
The absolute prohibition of torture and ill-treatment
Deportation of aliens and the prohibition of ill-treatment
Limitations to human rights: legitimacy legality and necessity

Chapter 8

Topic1: question-oriented discussion:Human rights situation in U.S.A. 

Topic2: Human rights issues in your respective countries