Tue, Apr 20

POL 309-800, International Law
SUNY Oswego | Spring 2021
Dr. Craig Warkentin

  • Ch. 8, Human Rights (455-472)

  • certiorari (467)
  • rule of lenity (467)

Questions

P. 458

  1. Article 1(1) of the American Convention requires the parties "to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination…" How is this formulation different from the language of article 2 of the ICCPR? To what extent does this language support the Court's opinion as to the extraterritorial application of the American Convention?
  2. Recall the principles of international environmental law discussed in chapter VI. What is the potential impact of this opinion on the normative status of those principles in international law?

P. 472

  1. Would you grant asylum to someone who had persecuted others if the persecutor had been forced to carry out the persecution?
  2. Note how the U.S. statute (the Refugee Act) mirrors the language of the Refugee Protocol and Convention.
  3. Should national courts look at decisions of foreign courts when decided how to interpret a treaty?

Resources

Regional Human Rights

Refugee Law

United Nations
United States