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9 - Human rights

Donald R. Rothwell
Affiliation:
Australian National University, Canberra
Stuart Kaye
Affiliation:
University of Western Australia, Perth
Afshin Akhtarkhavari
Affiliation:
Griffith University, Queensland
Ruth Davis
Affiliation:
University of Wollongong, New South Wales
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Summary

Introduction

In the 19th century international law did not concern itself with protecting the gamut of political, civil, economic, social and group interests and rights which are important in the 20th century. Individuals were protected in a limited number of cases such as piracy, slavery, treatment of sick and wounded soldiers, and prisoners of war. The dominance of the concept of sovereignty precluded any State or institution from using international law to intervene in the domestic affairs and jurisdiction of a State. In 1905 when Lassa Oppenheim published his first edition of International Law, considered to be one of the most significant English-language treatises on the subject, he stated that the rights of man were not a part of international law.

The end of World War I started an important shift towards the idea that groups of individuals had to be protected. The League of Nations in 1919 focused on groups and minorities in particular. Article 22 of the 1919 Covenant of the League of Nations established rudimentary provisions for the self-determination of people who, because of war, had stopped being governed by their own State. It included an obligation on the part of the Mandatory Powers acting on behalf of the League to guarantee the freedom of conscience and religion. The Treaty of Versailles in Part XIII established the International Labour Organization (ILO) to support the rights of individuals to associate and promote better standards of working conditions.

Type
Chapter
Information
International Law
Cases and Materials with Australian Perspectives
, pp. 444 - 500
Publisher: Cambridge University Press
Print publication year: 2010

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References

Alston, Philip and Crawford, James (eds), The Future of UN Human Rights Treaty Monitoring, Cambridge University Press, Cambridge, 2000CrossRefGoogle Scholar
Bailey, Peter, The Human Rights Enterprise in Australia and Internationally, LexisNexis Butterworths, Chatswood, NSW, 2009Google Scholar
Cassese, Antonio, Gaeta, Paola and Zappala, Salvatore, The Human Dimension of International Law: Selected Papers of Antonio Cassese, Oxford University Press, Oxford, 2008CrossRefGoogle Scholar
Charlesworth, Hilary, Writing in Rights: Australia and the Protection of Human Rights, University of New South Wales Press, Kensington, NSW, 2002Google Scholar
Steiner, Henry and Alston, Philip, International Human Rights in Context: Law, Politics, Morals, 3rd edn, Oxford University Press, Oxford, 2008Google Scholar

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