International law, Sixth edition
The development of international human rights law
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International Law MALCOLM N. SHAW
The development of international human rights law
22 In the nineteenth century, the positivist doctrines of state sovereignty and domestic jurisdiction reigned supreme. Virtually all matters that today would be classified as human rights issues were at that stage universally regarded as within the internal sphere of national jurisdiction. The major exceptions to this were related to piracy jure gentium and slavery. In the latter case a number of treaties were entered into to bring about its aboli- tion. 23 Concern also with the treatment of sick and wounded soldiers and with prisoners of war developed as from 1864 in terms of international instruments, 24 while states were required to observe certain minimum standards in the treatment of aliens. 25 In addition, certain agreements of a general welfare nature were beginning to be adopted by the turn of the century. 26 The nineteenth century also appeared to accept a right of humanitarian intervention, although its range and extent were unclear. 27 An important change occurred with the establishment of the League of Nations in 1919. 28 Article 22 of the Covenant of the League set up 21 See e.g. Steiner, Alston and Goodman, International Human Rights, pp. 517 ff.; E. Brems, Human Rights: Universality and Diversity, The Hague, 2001, and A. D. Renteln, Interna- tional Human Rights: Universalism versus Relativism, Newbury Park, 1990. 22 See e.g. The International Protection of Human Rights (ed. E. Luard), London, 1967; Sohn and Buergenthal, International Protection; Lauterpacht, International Law ; M. Moscowitz, International Concern with Human Rights, London, 1968, and M. Ganji, The International Protection of Human Rights, London, 1962. 23 See e.g. C. Greenidge, Slavery, London, 1958, and V. Nanda and M. C. Bassiouni, ‘Slavery and the Slave Trade: Steps towards Eradication’, 12 Santa Clara Law Review, 1972, p. 424. See also ST/SOA/4. 24 See generally G. Best, War and Law Since 1945, Oxford, 1994, and Studies and Essays on International Humanitarian Law and Red Cross Principles (ed. C. Swinarski), The Hague, 1984. 25 See below, chapter 14. 26 E.g. regarding the Prohibition of Night Work for Women in Industrial Employment and regarding the Prohibition of the Use of White Phosphorus in the Manufacture of Matches. 27 See below, chapter 20, p. 1155. 28 See below, chapter 23. t h e p r o t e c t i o n o f h u m a n r i g h t s 271 the mandates system for peoples in ex-enemy colonies ‘not yet able to stand by themselves in the strenuous conditions of the modern world’. The mandatory power was obliged to guarantee freedom of conscience and religion and a Permanent Mandates Commission was created to ex- amine the reports the mandatory authorities had undertaken to make. The arrangement was termed ‘a sacred trust of civilisation’. Article 23 of the Covenant provided for just treatment of the native popula- tions of the territories in question. 29 The 1919 peace agreements with Eastern European and Balkan states included provisions relating to the protection of minorities, 30 providing essentially for equality of treat- ment and opportunities for collective activity. 31 These provisions were supervised by the League of Nations, to whom there was a right of petition. 32 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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