Autumn term 2009 Prof. Dr. Christine Kaufmann

Transcription

1 Autumn term 2009 Prof. Dr. Christine Kaufmann Human Rights General Information The course takes place every Wednesday from 10:15 to 12: 00 (2 hours per week). It will provide a brief overview of the current international human rights regime, both with regard to substantive norms and the main methods of implementation. After covering the basic mechanisms we will discuss the role of non-state actors, in particular multinational corporations in more detail. The course will also address current human rights issues. All participants are required to prepare for the course and read the assigned papers in advance. The reading load is pages per week on average. The course is based on the textbook by Henry J. Steiner/Philip Alston/Ryan Goodman, International Human Rights in Context, third edition, Oxford 2007 and on the textbook by Andrew Clapham, Human Rights: A very Short Introduction, Oxford 2007 (with companion site at ). The required legal sources for the textbook are contained in the documents legal sources 1 and legal sources 2. For a concise and comprehensive account of the international human rights system, Walter Kälin and Jörg Künzli, The Law of International Human Rights Protection, Oxford 2009 is recommended. Additional materials as well as all the slides are continuously being published on Professor Kaufmann s homepage An exam will take place at the end of the term. More detailed information will be given at the beginning of the course. Office hours: By appointment. Assistant: Eva Hostettler (Tel ). Lst.kaufmann@rwi.uzh.ch, consultations by appointment only at Rämistrasse 74, Stock F, office 093.

2 Course syllabus (subject to modifications) Date Topic Reading assignments Additional reading Introduction Foundations and history of human rights What are human rights? Civil and political rights Overview of the International Covenant on Civil and Political Rights Text No. 1: Rodolfo Severino, ASEAN vital to nations in region Clapham, 1-56 (Chapters 1 and 2) Text No. 3: Catharine MacKinnon, Are women human? Steiner/Alston/Goodman, Text No. 2: Terms of Reference of ASEAN Intergovernmental Commission on Human Rights Lecture cancelled 7.10./ Civil and political rights Specific examples: CEDAW Prohibition of torture Steiner/Alston/Goodman, , Text No. 4: The dark pursuit of the truth Steiner/Alston/Goodman, and Clapham (Chapter 4 on torture) 2

3 14.10/ 21.10/ Economic, social and cultural rights Introduction to the International Covenant on Economic, Social and Cultural Rights Origin and legal foundations of economic and social rights The problem of resources The issue of justiciability Poverty as a violation of (which?) human rights? Clapham, (Chapter 7) Steiner/Alston/Goodman, Steiner/Alston/Goodman, , Steiner/Alston/Goodman, Steiner/Alston/Goodman, Text No. 5: Christine Kaufmann/ Mirina Grosz, Poverty, Hunger and International Trade: What's Law Got to Do with It? In: German Yearbook of International Law, Band 51(2008), S / Monitoring human rights compliance Different methods of monitoring Text No. 6: ECHR, Al-Adsani v. United Kingdom Steiner/Alston/Goodman, , , Text No. 8: Claire Mahon, Progress at the Front: The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights The relationship between different sets of human rights The role of UN institutions, especially the Human Rights Council Text No. 7: Optional Protocol to the ICESCR Steiner/Alston/Goodman, Steiner/Alston/Goodman, , and Clapham, (Chapter 3) Visit OHCHR/ WTO/ NGO 3DThree, Geneva 3

4 Non-state actors and human rights The responsibility of multinational enterprises (MNEs) Status of MNEs in international law Regulatory approaches 2.12./9.12 The responsibility of MNEs: new approaches within the UN Draft norms on the responsibility of transnational corporations and other business enterprises with regard to human rights Appointment of Special Representative J. Ruggie Framework: Protect, respect and remedy Recent developments Steiner/Alston/Goodman, Steiner/Alston/Goodman, Text No.9: Jad Mouawad, Shell to pay $ 15.5 Million to settle Nigerian case Text No. 10: Philip Alston, The Not-a- Cat Syndrome: Can the International Human Rights Regime Accommodate Non- State Actors? Steiner/Alston/Goodman, Text No. 12: Introduction by John Ruggie Text No. 13: Business and human rights: Towards operationalizing the protect, respect and remedy framework, Report by John Ruggie to the Human Rights Council, 22 April 2009, A/HRC/11/13 Steiner/Alston/Goodman, Text No.11: The organizational Irrationality and Corporate Human Rights Violations All materials relating to John Ruggie s work can be found at 4

5 16:12 Non-state actors and human rights in armed conflicts: private military and security companies Text No.14: Report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to selfdetermination, 9 January 2008, A/HRC/7/7 Text No. 15: Montreux Document, 17 September 2009, A/63/467 Additional material can be found on the Working Group s website: Text No. 16: Andrew Clapham, Human rights obligations of non-state actors in conflict situations Text No. 17: Carsten Hoppe, Passing the Buck: State Responsibility for Private Military Companies The role of non-governmental organisations (time allowing) Steiner/Alston/Goodman, Text No. 18 : Steve Charnovitz, Nongovernmental Organizations and International Law 5