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Relevance Of Public International Law In Human Rights

1317 words - 5 pages

Human rights seem to be one of the most current issues worldwide. Uncountable efforts have being made to assure the avoidance of violations and abuse of them during human history. However, it is not just until the end of World War II that joined efforts by most of the countries in the world were visible, being public international law one of the ways to . It could be said that public international law is one of those important efforts that promote the defence and implementation of human rights and help to its development. This essay will define the concept of public international law, how it is this connected with human rights, and what is the importance of that connection with the application of human rights in the reality.

To begin with, it is important to define the concept of Public international law. Public international law has been considered as the law that regulates relationships between states. According to the Permanent Court of International Justice (PCIJ)(1927):
International law governs relations between independent States. The rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.

However, this concept of public international law goes beyond states. That definition given by the PCIJ is clear but it could be said it is fairly broad. An accurate definition of Public International law is presented by the United Nations (United Nations, n.d.), where “International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries … it also regulates the global commons, ….” (para. 2).

It is important to point out that public international law does not just regulate relationship between states, which are the most evident subjects, but also the relationship between states and their own citizens. Also that, not only states but entities, like the UN (United Nations), ASEAN (the Association of South East Asian Nations) and the EU (European Union) (Blay, Ryzard, Martin, 1997), have obligations and rights under public international law. Then, It could be said that International law “is a body of law comprising principles and rules which states recognize as legally binding and regulates the conduct of the subjects of the law and relates to events and issues which transcending national boundaries are often of international concern” (Blay et al., 1997). Moreover, the importance of the public international law is that its regulations not only refer to a crisis in the different relationships between states and their citizens, but it aims to avoid conflicts or disputes with the main purpose to maintain the peace and security worldwide (Blay et al, 1997).

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