The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination

1985 ◽  
Vol 79 (2) ◽  
pp. 283-318 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
Or Education ◽  
International Convention ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
United Nations Charter

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”

Human Rights and Refugees (I)

1972 ◽  
Vol 12 (139) ◽  
pp. 537-546
Author(s):  
Paul Weis
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
The Individual ◽  
United Nations Charter

Wherever the United Nations Charter refers to promoting and encouraging respect for human rights and for fundamental freedoms, it refers to human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Within a State one distinguishes normally between nationals and aliens. But among the aliens there is a particular group—the refugees—whose position in traditional customary international law is especially precarious. This is due to the fact that in classic international law nationality is considered as the link between the individual and international law. In later editions of Oppenheim's leading textbook on International Law it is called the principal link.

Global Compilation of National Legislation Against Racial Discrimination

1992 ◽  
Vol 20 (2) ◽  
pp. 159-161
Author(s):  
Robert W. Schaaf
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
San Francisco ◽  
Universal Declaration ◽  
General Assembly ◽  
International Convention ◽  
National Legislation ◽  
Fundamental Freedoms ◽  
The United Nations

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?

2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie
Keyword(s):  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The United Nations

Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.

The World Court and Jus Cogens

1987 ◽  
Vol 81 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Gordon A. Christenson
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
Customary International Law ◽  
The World ◽  
The United Nations ◽  
Jus Cogens ◽  
United Nations Charter

In the merits phase of decision in the case brought by Nicaragua against the United States, the World Court briefly mentions references by states or publicists to the concept of jus cogens. These expressions are used to buttress the Court’s conclusion that the principle prohibiting the use of force found in Article 2(4) of the United Nations Charter is also a rule of customary international law.

THE SCOPE OF THE SUPREMACY CLAUSE OF THE UNITED NATIONS CHARTER

2008 ◽  
Vol 57 (3) ◽  
pp. 583-612 ◽  
Author(s):  
Rain Liivoja
Keyword(s):  
United Nations ◽  
International Law ◽  
Present Article ◽  
International Agreement ◽  
Member States ◽  
Customary International Law ◽  
Precise Meaning ◽  
Contractual Arrangements ◽  
The United Nations ◽  
United Nations Charter

AbstractArticle 103 of the United Nations (UN) Charter stipulates that the obligations of UN Member States under the Charter prevail, in the event of a conflict, over their obligations under any other international agreement. While this important provision is often mentioned, its precise meaning remains something of a mystery. The present article tries to shed some light on the scope of this ‘supremacy clause’ by discussing, first, its operation with respect to treaties, and then by looking at its relevance to various other contractual arrangements and to customary international law.

Art.46 Reservations

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Persons With Disabilities ◽  
Customary International Law ◽  
Treaty Provision ◽  
Legal Effect ◽  
Universal Human Rights ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 46 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of reservations. Reservations are a common feature of multilateral treaties, although there are calls to reduce their frequency or volume in human rights or treaties of a humanitarian nature. The legal effect of a reservation is to exclude or modify the binding nature of a treaty provision for the reserving state. In the context of a universal human rights treaty this entails several dangers. For one thing, since the CRPD claims not to create new rights but instead relies on existing ones, any reservation thereto will automatically constitute a regression on entrenched rights, something that is unacceptable. In equal manner, since the vast majority of the ‘existing’ rights in the CRPD are also part of customary international law, reservations thereto will negate customary obligations, which is again unacceptable.

Race versus Religion in the Making of the International Convention Against Racial Discrimination, 1965

2014 ◽  
Vol 32 (2) ◽  
pp. 351-383 ◽  
Author(s):  
Ofra Friesel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Member States ◽  
International Convention ◽  
Final Version ◽  
Major Field ◽  
Short Period ◽  
The United Nations

The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962–1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose advancement came to a standstill as a result of the lack of cooperation between UN member-states. Nevertheless, the UN managed to unite around the denunciation of racial discrimination, and unanimously adopted CERD on December 21, 1965. Furthermore, the period of time that elapsed between the presentation of the initiative and the vote on the final version of the treaty was only 3 years; a rather short period of time, UN experience considered.

scholarly journals The Role of the United Nations in the Formation of Customary International Law in the Field of Human Rights

2017 ◽  
Vol 19 (1) ◽  
pp. 68-97 ◽  
Author(s):  
Sufyan Droubi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Social Processes ◽  
Customary International Law ◽  
Constructivist Perspective ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

The present work addresses the role of un in the formation of customary international law from a constructivist perspective. It dialogues with the International Law Commission and, in contrast with the latter, it argues that the importance of the un is a matter to be defined empirically. Its organs are capable of acting as norm entrepreneurs, articulating and promoting new norms. They are capable of affecting social processes in order to create pressure on the states that resist emergent norms. Thus, instead of a mere agent of states the un is capable of deeply influencing them both in behavioural and attitudinal terms. Furthermore, the un promote the formalization and institutionalization of new norms, elucidating their scope, application, and embedding them in consistently coherent amalgamation of norms and practices. Hence, it is capable of fostering the processes that lead to the crystallization of norms as customary international law.

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