7LLAW020W - International Human Rights Law - Essay Writing - Law Assignment Help

Assignment Task

ESSAY QUESTIONS
Please answer one of the following:
1. ‘Although reservations strengthen ‘the universality of human rights’, the dominant view among human rights activists is that they endanger the ‘unity of human rights’ and therefore constitute an absolute evil’. (Alain Pellet, ‘Reservations to Treaties and the Integrity of Human Rights’ in Sheeran and Rodley (eds), Handbook of International Human Rights Law (2013) at 323) In light of this statement, critically assess the practice of entering reservations to UN human rights treaties with reference to relevant UN documentation, case law and scholarship.

2. ‘The UPR process’ writes Christian Tomuschat, ‘is a procedure that seeks to advance the cause of human rights by persuasion. It cannot be called an ‘enforcement’ procedure . . . It is hoped that if serious deficits can be shown to exist, the requisite remedial actions will be taken’ (Christian Tomuschat, ‘Universal Periodic Review: A new system of international law with specific ground rules? In Fastenrath et al (eds), From Bilateralism to Community Interest: Essays in honour of Bruno Simma (2011) at 627)
With reference to the UPR process and appropriate academic commentary, critically discuss the usefulness of the UPR as a mechanism for human rights protection.

3. George Letsas argues that the European Court of Human Rights uses the doctrine of the margin of appreciation in two different ways – a substantive concept and a
structural concept. (George Letsas, ‘Two Concepts of the Margin of Appreciation’ in Letsas, Theory of Interpretation of the European Convention on Human Rights, Chp 4)
Based on a critical engagement of relevant case law of the European Court of Human Rights and with reference to appropriate scholarship, consider to what extent
you agree with Letsas, if at all.

4. ‘The UN Convention on the Rights of Persons with Disabilities (CRPD) is about more than making sure that existing human rights are applied to persons with disability. It also subtly reformulates and extends existing human rights to take into account the specific rights experience of persons with disability.’  (Frédéric Mégret, ‘The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights’ (2008) 30(2) Human Rights Quarterly 494, 494.) To what extent do you agree with the above statement, if at all? Critically analyse this statement by referencing relevant treaty provisions, their interpretation by the relevant UN treaty bodies, and appropriate academic commentary.

5. ‘The development of international investment arbitration and the far-reaching penetration of foreign investment guarantees into areas of national regulation of public interest can affect the international human rights standards and the civil society interests in the host states.’ Critically discuss the above statement, engaging with the existing investment treaties mechanisms and with the contemporary processes for their reform.

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