Human Rights Department, International Lawyers (Coursework Sample)

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Human rights
International lawyers recently agreed that there are few efforts to examine the importance of international law. International lawyers are less inclined to confront the effectiveness of international law especially in the field of human rights law. The major policies of compliance in other areas of international law are mostly absent in the human rights department. There are no competitive forces that drive the need for compliance with human rights law unlike in international law of money (Hathaway, 6). Many countries have little or no incentive to establish noncompliance policies in the field of human rights law.
The concept of reciprocity works in an environment where there are no external forces that enforce agreements. It is a form of tit -for-tat strategy. This concept has become a universal principle where states adopt a particular behavior similar to response adopted by another country. Many sovereign nations have adopted this concept as a tool in their international law. Reciprocity is not effective in the field of human rights since International law exists independently with no legal authority possessing the power to enforce agreements (Hathaway, 21). Imposing a reciprocity concept translates to a mutually determined strategy. In this case, if country A chooses to follow the reciprocity theory, country B will have no option but to corporate, but if country A chooses not to corporate then country B will do the same. This concept leads to the weak implementation of human rights under the international law.
Under the UN Charter-based enforcement mechanisms, there are two types of instruments, the declarations, and conventions. Declarations are not legally binding but have political impact whereas conventions are legally binding under the international law. Both instruments can, however, become international law making them universally legally binding. The global and regional laws create a further distinction in the mechanisms of human rights protection. While the non-intervention and state sovereignty principles of modern international society still exist, it will create a barrier in enforcing international human rights law (Hathaway, 9). The level of public awareness of international law is low. Follow-up mechanisms for recommendations are also absent in the UN human rights protection system.
Coercive measures such as the use of economic sanctions or military intervention cannot guarantee effective human agreements. Coercive measures are frequently debated concerning the excessive use of brutal force. Humanitarian bodies are opposed to the use of coercive measures due to claims that they are ineffective and against human rights (Kingsley, 18). The inconsistent use and application of coercive force also attract more criticism. Human rights enforcement work differently at domestic levels. Economic dominant countries such as the U.S. and the European Union have enforced institutions that link trade and human rights by signing preferent...