A 357336

INTERNATIONALHUMAN RIGHTS

IN CONTEXTLAW, POLITICS, MORALS

Text and Materials

Second Edition

HENRY J. STEINERJeremiah Smith, Jr. Professor of Law and Director of Law School

Human Rights Program, Harvard University

and

PHILIP ALSTONProfessor of International Law, European University Institute, Florence

OXFORDUNIVERSITY PRESS

ContentsPreface vAcknowledgements xxix

PART A. CONTEMPORARY HUMAN RIGHTS:BACKGROUND AND CONTENT

1. Introduction to Human Rights Issues and Discourse 3

A. GLOBAL SNAPSHOTS 3Stories about Human Rights Violations 4

B. FROM DEATH ROW TO EXECUTION: THE GLOBAL FRAMEWORK FORCONTEMPORARY HUMAN RIGHTS DISCOURSE 18Catholic Commission for Justice and Peace in Zimbabwe v. Attorney-General 19Errol Johnson v. Jamaica 28Comment on Aspects of Capital Punishment 31Steiker and Steiker, Judicial Developments in Capital Punishment Law 34State v. Makwanyane . 39

2. Up To Nuremberg: Background to the Human Rights Movement 56

A. LAWS OF WAR AND CUSTOMARY INTERNATIONAL LAW 59The Paquete Habana 59Comment on the Humanitarian Law of War 67Comment on the Role of Custom 69Malanczuk, Akehurst's Modern Introduction to International Law 72Koskenniemi, The Pull of the Mainstream 78

B. STATE RESPONSIBILITY, GENERAL PRINCIPLES, AND NATURAL LAW 81Comment on the Law of State Responsibility 81Comment on the Chattin Case . _ 85Schachter, International Law in Theory and Practice 90

C. INTERWAR MINORITIES REGIME AND THE ROLE OF TREATIES 93Comment on the Minorities Regime after the First World War 93Minority Schools in Albania 96Comment on Further Aspects of the Minority Treaties 102Comment on Treaties 103

D. JUDGMENT AT NUREMBERG 112Comment on the Nuremberg Trial 112Judgment of Nuremberg Tribunal 115Views of Commentators 122

E. PERSPECTIVES ON INTERNATIONAL LAW 126Henkin, International Law: Politics, Values and Functions 127Schachter, International Law in Theory and Practice 130

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3. Civil and Political Rights 136A. FROM THE UNITED NATIONS CHARTER TO THE INTERNATIONAL

COVENANT ON CIVIL AND POLITICAL RIGHTS 137Comment on the Charter and the Origins of the Human Rights Movement 137Comment on Relationships between the Universal Declaration and the

ICCPR 142Lauterpacht, International Law and Human Rights 147Van Boven, Distinguishing Criteria of Human Rights 154

B. WOMEN'S RIGHTS AND CEDAW 158

1. Background to CEDAW: Socio-Economic Context, Discrimination, andAbuse 159

Initial Report of Guatemala Submitted to the CEDAW Committee 160Comment on Women's Social and Economic Conditions 163Sen, More than 100 Million Women Are Missing 165Amnesty International, Rape and Sexual Abuse 168Americas Watch, Criminal Injustice: Violence against Women in Brazil 171Charlesworth and Chinkin, The Gender of Jus Cogens 173

2. CEDAW: Provisions and Committee 176Comment on Protection of Women under Conventions Prior to CEDAW 176Comment on CEDAW's Substantive Provisions 179Comment on Types of State Duties Imposed by Human Rights Treaties 180Nickel, How Human Rights Generate Duties to Protect and Provide 185Byrnes, The Committee on the Elimination of Discrimination Against

Women 188Concluding Observations of CEDAW Committee on Reports of China 191General Recommendation No. 23 of CEDAW Committee 195General Recommendation No. 19 of CEDAW Committee 199Comment on International Instruments on Violence Against Women 203Preliminary Report of Special Rapporteur on Violence Against Women 204Comment on Efforts Towards U.S. Ratification of CEDAW 207Vienna Declaration and Programme of Action 209

3. The Public/Private Divide: Discrimination and Violence byNongovernmental Actors 211

Velasquez Rodriguez Case ~~ 212Meron, Human Rights Law-Making in the United Nations 214Charlesworth, Alienating Oscar? Feminist Analysis of International Law 216Engle, After the Collapse of the Public/Private Distinction 218Comment on the Public/Private Divide and Expansion of the Human

Rights Movement 220

C. THE CONTINUING ROLE OF CUSTOM AND THE SIGNIFICANCE OF UN

RESOLUTIONS 224Jennings and Watts, Oppenheim's International Law 224Schachter, International Law in Theory and Practice 226Higgins, Problems and Process: International Law and How We Use It 232Restatement (Third), The Foreign Relations Law of the United States 233

4. Economic and Social Rights 237

A. SOCIO-ECONOMIC CONTEXT AND HISTORICAL BACKGROUND 237

Contents xvii

Social and Economic Statistics 238Comment on Historical Origins of Economic and Social Rights 242Comment on the ICESCR and the Character of the Rights 245

B. CHALLENGES TO ECONOMIC AND SOCIAL RIGHTS 249Comment on Governmental Ambivalence 249Comment on the DeShaney Case 252Beetham, What Future for Economic and Social Rights? 255Kelley, A Life of One's Own: Individual Rights and the Welfare State 257Holmes and Sunstein, The Cost of Rights: Why Liberty Depends on Taxes 260

C. THE BEARER AND NATURE OF DUTIES UNDER THE ICESCR 261Kant, The Doctrine of Virtue 261Provisions in Religious Texts on Charitable Giving 263Committee on Economic, Social and Cultural Rights, General Comment

No. 3 265Committee on Economic, Social and Cultural Rights, General Comment

No. 12 267

D. THE RELATIONSHIP BETWEEN THE TWO SETS OF RIGHTS 268Sen, Freedoms and Needs 269Human Rights Watch, Broken People 272Dreze and Sen, Hunger and Public Action 274

E. JUSTICIABILITY AND THE ROLE OF COURTS IN DEVELOPINGECONOMIC-SOCIAL RIGHTS 275Committee on Economic, Social and Cultural Rights, General Comment

No. 9 276Fabre, Constitutionalising Social Rights 278Sunstein, Against Positive Rights 280Comment on India and 'Directive Principles' 283Baxi, Judicial Discourse: The Dialectics of the Face and the Mask 285Olga Tellis v. Bombay Municipal Corporation 286Soobramoney v. Minister of Health 293

F. RESOURCE CONSTRAINTS OR POLITICAL WILL 300Weiner, Child Labour in Developing Countries: The Indian Case 301UNDP, Human Development Report 302Committee on Economic, Social and Cultural Rights, General Comment

No. 11 303

G. TOWARDS MORE EFFECTIVE MONITORING 3051. Supervision by the ESCR Committee: A Case Study of Housing 305

Committee on Economic, Social and Cultural Rights, Reporting Guidelines 307Committee on Economic, Social and Cultural Rights, General

Comment No. 4 307Committee on Economic, Social and Cultural Rights, Summary Record 309Committee on Economic, Social and Cultural Rights, Concluding

Observations on Nigeria2. A'Violations Approach' 313

Chapman, A New Approach To Monitoring the International Covenanton Economic, Social and Cultural Rights 313

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3. Indicators and Benchmarks 316Alston, International Governance in the Normative Areas 317UNDP, Poverty Report 1998 • 318

PART B. WHAT ARE RIGHTS, ARE THEY EVERYWHERE, ANDEVERYWHERE THE SAME? CHALLENGES TO UNIVERSALISM AND

CONFLICTS AMONG RIGHTS

5. Rights, Duties, and Cultural Relativism 323

A. THE NOTION OF 'RIGHTS': ORIGINS AND RELATION TO 'DUTIES* 324Weston, Human Rights 324Sidorsky, Contemporary Reinterpretations of the Concept of Human Rights 327Kamenka, Human Rights, Peoples' Rights 329Kennedy, A Critique of Adjudication 330Sunstein, Rights and Their Critics 333Klare, Legal Theory and Democratic Reconstruction 338Comment on Duties 342Cover, Obligation: A Jewish Jurisprudence of the Social Order 343Kenyatta, Facing Mount Kenya: The Tribal Life of the Gikuyu 345Comment on Duty Provisions of National Constitutions 348A Universal Declaration of Human Responsibilities 351Comment on Comparisons between Rights and Duties in the African

Charter and in Other Human Rights Instruments 354Mutua, The Banjul Charter and the African Cultural Fingerprint 357Comment on Some Characteristics of the Liberal Political Tradition 361

B. UNIVERSALISM AND CULTURAL RELATIVISM 366Comment on the Universalist-Relativist Debate 366Hatch, Culture and Morality 369American Anthropological Association, Statement on Human Rights 372Kuper, Culture: The Anthropologists' Account 376Pannikar, Is the Notion of Human Rights a Western Concept? 383An-Na'im, Human Rights in the Muslim World 389Howard, Dignity, Community, and Human Rights - 398Schachter, Human Dignity As a Normative Concept 400

6. Conflicting Traditions and Rights: Illustrations 403

A. GENDER 4041. Custom and Culture - 404

Higgins, Anti-Essentialism, Relativism, and Human Rights 405Views of Commentators about Female Circumcision/Genital Mutilation 409An-Na'im, State Responsibility under International Human Rights Law

to Change Religious and Customary Law 426Ephrahim v. Pastory 429Magaya v. Magaya 432Crossette, Testing the Limits of Tolerance As Cultures Mix 436

2. Reservations to CEDAW 439Comment on Treaty Reservations * 439

Contents xix

B. RELIGION 445

1. Introduction: Comparative Perspectives 446Durham, Perspectives on Religious Liberty: A Comparative Framework 446Shelton and Kiss, A Draft Model Law on Freedom of Religion 453Andrews, German Churches, Ever Giving, Ask to Receive 456Gordon, Irking U.S., Yeltsin Signs Law Protecting Orthodox Church 457Constitution of Iran 459

2. International Law Perspectives 464General Comment No. 22 of the Human Rights Committee 465Declaration on the Elimination of All Forms of Intolerance and of

Discrimination Based on Religion or Belief 467Sullivan, Advancing the Freedom of Religion or Belief Through the UN

Declaration 4693. Proselytism 476

Kokkinakis v. Greece 476Mutua, Limitations on Religious Rights 483Berman, Religious Rights in Russia at a Time of Tumultuous Transition 486Stanley, Pope Tells India His Church Has Right to Evangelize 488

4. Autonomy Regimes: Religion-based Personal Law 491Comment on Autonomy Regimes 491Comment on State, Religion, and Personal Law in Israel 493Schmemann, Israel Learns Some Are More Israeli than Others 498Comment on Personal-Religious Law in India 501Mohammed Ahmed Khan v. Shah Bano Begum 503Comment on Aftermath of Shah Bano 509

C. CHILDREN 511Cantwell, The Origins, Development and Significance of the UN

Convention on the Rights of the Child 512Pupavac, The Infantilization of the South and the UN Convention on the

Rights of the Child • 517Kilbourne, Placing the Convention on the Rights of the Child in an

American Context 519Comment on Reservations to CRC 520Human Rights Watch, Spare the Child: Corporal Punishment in Kenyan

Schools 524Many in U.S. Back Singapore's Plan to Flog Youth 526Fortin, Rights Brought Home for Children 527Human Rights Watch Children's Right Project, The Scars of Death 531Kalashnikov Kids 533

D. EAST ASIAN PERSPECTIVES 538Kausikan, Asia's Different Standard 539Articles on East Asia/Singapore and Human Rights 545State Council, Human Rights in China 547Ghai, Human Rights and Governance: The Asia Debate 550Donnelly, Universal Human Rights in Theory and Practice 552

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PART C: INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS

7. The Need for International Institutions and their Challenge toNotions of Sovereignty 557A. SOME BASIC NOTIONS 557

Schermers, International Institutional Law 558Comment on Relations between Norms and Institutions 561Inis Claude, Swords into Plowshares 563Haas, When Knowledge is Power 564Kennedy, A New Stream of International Law Scholarship 566Bodansky, Reporting Obligations in Environment Regimes: Lessons for

Human Rights Supervision 570Steiner, Individual Claims in a World of Massive Violations: What Role

for the Human Rights Committee 572

B. SOVEREIGNTY AND DOMESTIC JURISDICTION 573Krasner, Sovereignty: Organized Hypocrisy 575Abi-Saab, The Changing World Order and the International Legal Order 577Steiner, The Youth of Rights 579Falk, Sovereignty and Human Dignity: The Search for Reconciliation 581Views of Government Leaders 584Miller, Checkered Flags: Sovereignty Isn't So Sacred Anymore 586Comment on Domestic Jurisdiction 588

8. Intergovernmental Enforcement of Human Rights Norms: TheUnited Nations System 592

A. CONCEPTIONS OF ENFORCEMENT 592Henkin, International Law: Politics, Values and Functions 594

B. THE UN SYSTEM: CHARTER-BASED INSTITUTIONS 597Comment on Charter Organs 597

C. FACT-FINDING 602Valticos, Foreword 603Memorandum of Understanding with the Government of Chile 605ILA, The Belgrade Minimum Rules of Procedure . 608

D. THE UN COMMISSION'S MAIN PROCEDURES FOR RESPONDING TOVIOLATIONS 6111. The 1503 Procedure: Pros and Cons of Confidentiality 612

ECOSOC Resolution 1503 613Sub-Commission Resolution 1 614Comment on Saudi Arabia under the 1503 Procedure 615

2. The 1235 Procedure: Processes and Participants 619ECOSOC Resolution 1235 619Comment on the 1235 Procedure and its Potential Outcomes 620a. Case Study: Iran 623

Report of the Special Representative on Iran, 1991 624Report of the Special Representative on Iran, 1999 629

b. Case Study: China 634Commentators on China before the UN Commission 634Kent, China, the United Nations, and Human Rights 638

Contents xxi

3. The Thematic Mechanisms 641Comment on the Working Group on Arbitrary Detention 642Coomaraswamy, Report of the Mission'to the United States 646

E. THE SECURITY COUNCIL: HUMANITARIAN INTERVENTION ANDSANCTIONS 6481. The Evolving Role of the Security Council with respect to Human Rights 649

Comment on the Significance of Apartheid 649Comment on the Post-Cold War Council, Armed Conflict, and

Massive Violations 6512. The Case of Kosovo 653

An-Na'im, NATO on Kosovo is Bad for Human Rights 655Ignatieff, Whose Universal Values? The Crisis in Human Rights 656Annan, Implications of International Response to Events in Rwanda 658Human Rights Watch World Report 2000, The Critique of Military

Intervention 659Cassese, Ex Iniuria Ius Oritur 660

3. Sanctions 662Human Rights Watch, Letter to UN Security Council 663ICESCR Committee, General Comment No. 8 665Gordon, A Peaceful, Silent, Deadly Remedy: The Ethics of Economic

Sanctions 666Lopez, More Ethical than Not: Sanctions as Surgical Tools 670

F. AN OVERVIEW OF UN PROCEDURES THROUGH THE LENS OF A SINGLE

CASE: EAST TIMOR 672

Comment on Some Key Events in the East Timor Case in the UN 673Comment on UN Actors Involved in the Dispute over East Timor 674Excerpts Tracing the Principal Developments in UN Action Concerning

East Timor 675

G. REFORM AND EVALUATION 694Human Rights Watch, Human Rights Mechanisms under Attack 695Report of the Bureau [on] Rationalization of the Work of the Commission 696Comments on the Report of the Bureau by the Delegations of Several States 698Alston, Appraising the United Nations Human Rights Regime 701Allott, Eunomia: New Order for a New World 703

9. Treaty Organs: The ICCPR Human Rights Committee 705

A. POWERS, FUNCTIONS AND PERFORMANCE OF THE ICCPR COMMITTEE 7061. Introduction 706

Comment on the Formal Organization of the ICCPR Committee 7062. State Reporting 710

Comment on Reports of States 710Buergenthal, The Human Rights Committee 711Illustrations of Concluding Observations 714Bodansky, Reporting Obligations in Environmental Regimes 728

3. General Comments 731Illustrations of General Comments 732

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4. Individual Communications 738Opsahl, The Human Rights Committee 739Comment on the Committee's Work under the Optional Protocol 740Comment on Provisional Measures 744Toonen v. Australia 745Comment on Hate Speech 749Faurisson v. France -v 755Chitat Ng v. Canada 761Steiner, Individual Claims in a World of Massive Violations: What Role

for the Human Rights Committee? 7675. Evaluation 771

B. COMPARISONS WITH OTHER HUMAN RIGHTS TREATY REGIMES 773Comment on Reporting and Complaint Procedures for the Six Human

Rights Treaty Bodies 773

10. Regional Arrangements 779

A. COMPARISON OF UNIVERSAL AND REGIONAL REGIMES 779Claude, Swords into Plowshares 781Regional Promotion and Protection of Human Rights 783

B. THE EUROPEAN CONVENTION SYSTEM 7861. Introduction 786

Comment on Background to the Convention ' 786Comment on Rights Recognized by the Convention 787

2. The Broad European Institutional Context 788Comment on Three European Organizations 789

3. Other Human Rights Conventions Adopted by the Council of Europe 794Comment on Three Conventions 794

4. The European Court of Human Rights: Article 34 Individual Petitions 797Comment on the Court and Protocol No. 11 798

5. Responses of States to Findings of Violations 801Drzemczewski and Meyer-Ladewig, Principal Characteristics of the

New ECHR Control Mechanism 801Tomuschat, Quo Vadis, Argentoratum? 802

6. The Interstate Procedure: Article 33 804Robertson and Merrills, Human Rights in Europe 805

7. The European Court in Action: Some Illustrative Cases 808Merrills, The Development of International Law by the European Court of

Human Rights 809Handyside Case 811Norris v. Ireland 814Bowers v. Hardwick 818Lustig-Prean and Beckett v. United Kingdom • 822Comment on National and International Trends 832Pear, President Admits 'Don't Ask' Policy Has Been Failure 834Comment on Blasphemy Cases 836United Communist Party of Turkey v. Turkey 840Kinzer, Turks' High Court Orders Disbanding of Welfare Party 850General Comment No. 25 of Human Rights Committee 851Views of Commentators on the Margin of Appreciation 854

Contents xxiii

Views of Commentators about Dynamic Interpretation and Consensus 857Comment on Powers and Jurisdiction of International Tribunals 859Heifer and Slaughter, Toward a Theory of Effective Supranational

Litigation" . 862

C. THE INTER-AMERICAN SYSTEM: PROMOTING DEMOCRACY 8681. Background and Institutions 868

Comment on Development of the Inter-American System 868Comment on Rights Recognized in the American Declaration and

Convention 869Medina, The Inter-American Commission on Human Rights and the

Inter-American Court of Human Rights 871Harris, Regional Protection of Human Rights: The Inter-American

Achievement 874Farer, The Rise of the Inter-American Human Rights Regime 877

2. The Court in Action 881Velasquez Rodriguez Case 881

3. The Commission at Work: Complaints and State Reports on DemocraticGovernment 888

a. Background on the Human Rights Movement and ContemporaryForms of Democracy 888

Comment on Relationships between the Human RightsMovement and Democratic Government. 888

Steiner, Political Participation as a Human Right 890Franck, The Emerging Right to Democratic Governance 900

b. The Commission, Political Participation and Democracy 903Comment on Provisions on Democracy in Inter-American

Documents 904Final Report on Cases 9768, 9780 and 9828 of Mexico 905Inter-American Commission on Human Rights, Annual Report

1990-91 910Report on the Situation of Human Rights in Mexico, 1998 912

D. THE AFRICAN SYSTEM 920Comment on the Organization of African Unity 921Comment on Institutional Implementation: The African Commission 921Odinkalu, The Individual Complaints Procedure of the African

Commission 923Civil Liberties Organization v. Nigeria 930Constitutional Rights Project v. Nigeria 932Commission Nationale des Droits de l'Homme v. Chad 934Comment on Protocol on African Court on Human and Peoples' Rights 936

11. Civil Society: Human Rights NGOs and Other Groups 938

A. NGOS, INGOS, AND CIVIL SOCIETY 938Comment on Types and Activities of Nongovernmental Organizations 938The Economist, The Non-Governmental Order 941

B. HUMAN RIGHTS NGOS 943Steiner, Diverse Partners: Non-Governmental Organizations in the

Human Rights Movement 943

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Perspectives on Domestic NGOs 945Comment on International NGOs 947

C. NGOS AND INGOS: CHARACTERISTICS AND CRITICISMS 950

1. Representativeness, Constituencies and Accountability 950Anderson, The Ottawa Convention Banning Landmines 950

2. Problems of Relationships, Priorities, Funding and Tasks 954Baehr, Amnesty International and its Self-imposed Limited Mandate 955Views of Commentators on Relationships, Funding, Tasks and Strategies 956Sydney Morning Herald, Duty of Care 963

D. ISSUES ABOUT HUMAN RIGHTS INGOS 965

Cohen, Government Responses to Human Rights Reports 965Rieff, The Precarious Triumph of Human Rights 967Alston, The Fortieth Anniversary of the Universal Declaration 970

E. NGOS IN THE UNITED NATIONS SETTING 972

1. Illustration: United Nations-Related Activities of Women's Rights NGOs 972About IWRAW and the Convention 972Clark, Friedman and Hochstetler, The Sovereign Limits of Global Civil

Society 973Otto, A Post-Beijing Reflection on the Limitations and Potential of

Human Rights Discourse for Women 9742. The UN Declaration on Human Rights Defenders of 1998 976

LCHR, Protecting Human Rights Defenders 976Declaration on the Right and Responsibility [To Promote Human Rights] 977

3. NGOs' Access to the United Nations 979Consultative Relationship between the United Nations and

Non-Governmental Organizations 980

PART D. STATES AS PROTECTORS AND ENFORCERSOF HUMAN RIGHTS

12. Interpenetration of International and National Systems: InternalProtection of Human Rights by States 987

A. THE SPREAD OF STATE CONSTITUTIONS IN THE LIBERAL MODEL 988

Comment on Constitutions and Constitutionalism 989Ghai, The Kenyan Bill of Rights: Theory and Practice 991Analyses of Contemporary Moves toward Constitutionalism in Diverse

States 994

B. HUMAN RIGHTS TREATIES WITHIN STATES' LEGAL AND POLITICAL

ORDERS 999

1. Basic Notions: Illustrations from Different States 999Leary, International Labour Conventions and National Law 999Polakiewicz, The Application of the European Convention on Human

Rights in Domestic Law 1001Comment on Monism and Dualism 1004Simma et al., The Role of German Courts in the Enforcement of

International Human Rights 1005Iwasawa, International Law, Human Rights Law and Japanese Law 1006

Contents xxv

Ewing, The Human Rights Act and Parliamentary Democracy 1008ICESCR Committee, General Comment No. 9 1013Kirby, The Role of International Standards in Australian Courts 1014Minister of State for Immigration and Ethnic Affairs v. Ah Hin Teoh 1016Illustrations of National Executive Views about Methods of Compliance 1019Comment on Treaties in the United States 1022Reid v. Covert 1023Comment on Self-Executing Treaties 1025Sei Fujii v. State 1026

2. Ratification by the United States of the ICCPR: The Question ofReservations 1029

Sohn and Buergenthal, International Protection of Human Rights 1030Comment on Background to Submission of ICCPR to Senate 1033Senate Hearings on International Human Rights Treaties 1034Proposals by Bush Administration of Reservations 1039Comment on Effects of Reservations 1043General Comment No. 24 of Human Rights Committee 1044Comment on US Ratification of the Convention on Elimination of

Racial Discrimination 1048

C. STATE JUDICIAL ENFORCEMENT OF HUMAN RIGHTS THROUGH

ACTIONS BASED ON FOREIGN VIOLATIONS 1049Filartiga v. Pena-Irala . 1049Comment on Tel-Oren Case 1057Comment on the Act-of-State Doctrine and Sovereign Immunity 1058Forti v. Suarez-Mason 1062Torture Victim Protection Act 1069Senate Report on the Torture Victim Protection Act 1070Comment on Criminal Prosecution under Convention against Torture 1072Kadic v. Karadzic 1074Scott, Multinational Enterprises and Emergent Jurisprudence on

Violations of Economic, Social and Cultural Rights 1079

13. Enforcement by States Against Violator States 1082

A. NATIONAL INTEREST AND HUMAN RIGHTS 1083Morgenthau, Human Rights and Foreign Policy 1084Huntington, American Ideals Versus American Institutions 1086

B. INTERNATIONAL HUMAN RIGHTS POLICIES IN US FOREIGN POLICY 1089Henkin, The Age of Rights 1089US Department of State, 1999 Country Reports on Human Rights Practices 1092US Legislation on Military Aid: Human Rights Provisions 1093Cohen, Conditioning U.S. Security Assistance on Human Rights Practices 1096Secretary of State Vance, Speech on Human Rights and Foreign Policy 1100Mutua and Rosenblum, Zaire: Repression as Policy 1101Comment on the International Religious Freedom Act of 1998 1104

c. CASE STUDY: MOST FAVORED NATION TREATMENT AND THE PEOPLE'S

REPUBLIC OF CHINA 1109Comment on Most Favored Nation Treatment 1109Drinan and Kuo, The 1991 Battle for Human Rights in China 1110

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Comment on Proposed Legislation and Executive Order 1111Comment on Subsequent Developments about MFN Status and China-

US Trade " 1113US Department of State, 1999 Country Reports on Human Rights Practices 1115

D. A COMPARISON: THE EUROPEAN COMMUNITY (UNION) 1117Simma et al., Human Rights Considerations in the Development of

Co-operation Activities of the EC 1118Brandtner and Rosas, Trade Preferences and Human Rights 1125

PARTE. CURRENT TOPICS

14. Massive Human Rights Tragedies: Prosecutions and TruthCommissions 1131

A. UNIVERSAL JURISDICTION AND INTERNATIONAL CRIMES 1132Comment on Jurisdictional Principles for Criminal Laws and Litigation 1132Comment on International Crimes 1134Comment on the Eichmann Trial 1138Lahav, Judgment in Jerusalem 1140

B. INTERNATIONAL CRIMINAL TRIBUNALS FOR THE FORMER

YUGOSLAVIA AND RWANDA 1143Minow, Between Vengeance and Forgiveness _ 1143Meron, The Case for War Crimes Trials in Yugoslavia 1144Security Council Resolutions on Establishment of an International

Tribunal for the Former Yugoslavia 1146Report of the Secretary-General under Security Council Resolution 808 1147Statute of the International Tribunal for the Former Yugoslavia 1150Comment on Background to the Tadic Litigation before the International

Criminal Tribunal for Former Yugoslavia 1156Prosecutor v. Tadic - 1159Comment on the Tadic Case before the Trial Chamber 1168Alvarez, Crimes of States/Crimes of Hate: Lessons from Rwanda 1174Statute of the International Tribunal for Rwanda 1176Prosecutor v. Akayesu 1178Crossette, Inquiry Says UN. Inertia in '94 Worsened Genocide in Rwanda 1189Alvarez, Crimes of States/Crimes of Hate: Lessons from Rwanda 1190

C. THE INTERNATIONAL CRIMINAL COURT 1192Rome Statute of the International Criminal Court 1192Roth, The Court the US Doesn't Want 1195

D. THE PINOCHET LITIGATION 1198Regina v. Bartle 1199Comment on Implications of Pinochet Decision 1214

E. TRUTH COMMISSIONS 1216Steiner, Introduction to Truth Commissions 1217Zalaquett, Introduction to Report of Chilean National Commission 1221Report of the Chilean National Commission on Truth and Reconciliation 1224Views on Functions and Utility of Truth Commissions 1226Omar, Introduction to Truth and Reconciliation Commission 1229

Contents xxvii

Report of Truth and Reconciliation Commission of South Africa 1233Decisions of Amnesty Committee, Truth and Reconciliation Commission 1239Tutu, No Future Without Forgiveness • 1244

15. Self-Determination and Autonomy Regimes 1248

A. EXTERNAL SELF-DETERMINATION: SOME HISTORY, COMMENTARY,

AND DISPUTES 1249

Orentlicher, Separation Anxiety: International Responses to Ethno-Separatist Claims 1249

Report of International Commission on Aaland Islands Question 1257Report of Commission of Rapporteurs on Aaland Islands Question 1260Berman, 'But the Alternative Is Despair': European Nationalism and the

Modernist Renewal of International Law 1263United Nations-Related Texts on Self-Determination 1265Koskenniemi, National Self-Determination Today: Problems of Legal

Theory and Practice 1269Kirgis, The Degrees of Self-Determination in the United Nations Era 1270Fox, Self-Determination in the Post-Cold War Era: A New Internal Focus? 1272Falk, The Right of Self-Determination under International Law 1274Reference re Secession of Quebec 1275Higgins, Comments 1285Buchanan, Self-Determination, Secession, and the Rule of Law 1286

B. AUTONOMY REGIMES 1289

Comment on Characteristics of Minority Groups 1290Comment on Autonomy Regimes 1291Steiner, Ideals and Counter-Ideals in the Struggle over Autonomy Regimes

for Minorities 1292Declaration on the Rights of Persons Belonging to Minorities 1298Comment on Indigenous Peoples 1301UN Draft Declaration on the Rights of Indigenous Peoples 1302

16. Globalization, Development, and Human Rights 1306

A. THE CHALLENGES OF GLOBALIZATION 1307

Yusuf, The Changing Development Landscape. ' ' ~ 1308Koh, Introduction to US Department of State 1999 Country Reports 1310Robinson, Constructing an International Financial, Trade and

Development Architecture 1311Steiner, Do Human Rights Require a Particular Form of Democracy? 1314

B. THE RIGHT TO DEVELOPMENT, INTERNATIONAL AID, AND DEBT 1315

Sen, Development as Freedom 1316Comment on International Solidarity and Right to Development 1319Abi-Saab, The Legal Formulation of a Right to Development 1320Bedjaoui, The Right to Development 1321Donnelly, In Search of the Unicorn: The Jurisprudence and Politics of the

Right to Development 1323Alston and Quinn, The Nature and Scope of States Parties' Obligations

under the ICESCR 1327Views about Requiring Foreign Aid and Forgiving Foreign Debt 1328

xxviii Contents

C. THE WORLD BANK 1334Letter from Human Rights Watch to the World Bank President 1335Shihata, The World Bank and Human Rights 1337Views of the President of the World Bank 1340

D. THE INTERNATIONAL MONETARY FUND 1343James, From Grandmotherliness to Governance 1344Rohter, Brazil Collides with I.M.F. Over a Plan to Aid the Poor 1346

E. MULTINATIONAL CORPORATIONS 1349Human Rights Watch, No Guarantees: Sex Discrimination in Mexico's

Maquiladora Sector 1350Amnesty International, Human Rights Principles for Companies 1351NGO Involvement and Industry Initiatives 1353Avery, Business and Human Rights in a Time of Change 1356Human Rights Watch World Report 2000 1357Kearney, Corporate Codes of Conduct: The Privatized Application of

Labour Standards 1358Comment on Approaches to Regulation and Self-Regulation 1359

Annex on Documents 1363Charter of the United Nations 1365Universal Declaration of Human Rights (UDHR, Universal Declaration) 1376International Covenant on Civil and Political Rights (ICCPR, Political

Covenant) 1381Protocols to the International Covenant on Civil and Political Rights 1392International Covenant on Economic, Social and Cultural Rights (ICESCR) 1395Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW, Women's Convention) 1402Convention on the Rights of the Child (Children's Convention) 1410Declaration on the Right to Development 1420European Convention for the Protection of Human Rights and Fundamental

Freedoms (European Convention on Human Rights, European Convention) 1423Protocols to the European Convention for the Protection of Human Rights

and Fundamental Freedoms 1433American Convention on Human Rights (American Convention, Pact of San

Jose) 1436African Charter on Human and Peoples' Rights (Banjul Charter,

African Charter) 1449Vienna Convention on the Law of Treaties 1458Constitution of the United States 1462

Annex on Citations 1467Index of Topics 1473Index of Authors 1495