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What are the most significant influences that newly decolonized states have had on the development of international human rights law?

Part 1 – Short Answer Questions worth 20% (2x 10%). Answer ALL questions in this section (maximum 200 words per question).

1. Briefly explain how newly decolonized states have generally sought to interpret the right to self-determination (e.g. consider how the right was limited by the UN Declaration on the Granting of Independence to Colonial Countries and Peoples). (10 marks).
2. How effective is the individual complaints mechanism created by the First Optional Protocol to the International Covenant on Civil and Political Rights? Mention the outcome of at least one specific complaint in your response (10 marks)

Part 2 – Long Answer- essay style worth 40% (800 words maximum)

3. What have been the major developments in international human rights practice in the post cold war era and which theory of international relations (e.g. realist, liberal, constructivist etc.) offers the most convincing account of these developments?

Part 3 – Long Answer- essay style worth 40% (800 words maximum)

Answer ONE of the following four questions:

4. What are the most significant influences that newly decolonized states have had on the development of international human rights law?
5. “Australia’s mandatory detention of asylum seekers demonstrates that international human rights norms have no real capacity to constrain states.” Do you agree?
Useful reading for Self-Determination:

Havemann, Paul (2013) Indigenous Peoples’ Human Rights, Chapter 14 in Human Rights Textbook
Bourke, Roland ( 2010) Chapter 2. “Transforming the End into the Means”: The Third World and the Right to Self-Determination in Burke, R, Decolonization and the Evolution of International Human Rights (Philadelphia: University of Pennsylvania).

Butenschøn, N. A. (2006), Accommodating Conflicting Claims to National Self-Determination. The Intractable Case of Israel/Palestine International Journal on Minority and Group Rights Vol. 13, pp 285-306
Tomuschat, C. (2003), The Different Generations of Human Rights: From Human Rights to Good Governance. Chapter 3 in Human Rights: Between Idealism and Realism. Oxford: OUP

Whelan, D. J. and Donnelly, J. (2007), The West, Economic and Social Rights, and the Global Human Rights Regime: Setting the Record Straight Human Rights Quarterly Vol. 29, pp. 908-949

Hadden, Tom (2001), The Pendulum Theory of Individual, Communal and Minority Rights. Chapter 5 in Human Rights and Global Diversity London: Frank Cass

Wellman, C. (2000), Solidarity, the Individual and Human Rights Human Rights Quarterly Vol. 22, pp 639-657

Tierney, S. (1999), In a State of Flux: Self-Determination and the Collapse of Yugoslavia International Journal on Minority and Group Rights Vol. 6, pp 197-233

Saul, Matthew (2011) The Normative Status of Self Determination in International Law: A formula for uncertainty in the Scope and Content of the Right Human Rights Law Review Vol. 11, No. 4, pp609-644

Borgen, Christopher J. (2010), States and International Law: the problems of self-determination, secession, and recognition. Chapter 9 in Çali, Başak (ed) International Law for International Relations Oxford: OUP

McCorquodale, R. (1994), Self-determination: A Human Rights Approach International and Comparative Law Quarterly, Vol. 43, pp 857-885

Rich, Roland (2002) Solidarity Rights give way to solidifying rights Dialogue Academy of the Social Sciences Vol 21, No. 3, pp25-33

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