Has the Court exceeded its legitimate role of interpretation and has transgressed into the realm of policy-making

Explain the following terms as used in conservation of information materials.
July 3, 2016
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July 3, 2016
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Has the Court exceeded its legitimate role of interpretation and has transgressed into the realm of policy-making

Part A

1) How the European Court of Human Rights has interpreted the European Convention on the Protection of Human Rights and Fundamental Freedoms?  What methods have been used in order the Court to encompass situations that were envisaged by the framers of the Convention? Has the Court exceeded its legitimate role of interpretation and has transgressed into the realm of policy-making?

2) “The [Inter-American] Court’s [of Human Rights] exercise of contentious jurisdiction infringes on at least two fundamental tenets of Latin American culture. First, Latin Americans share a distrust of authority; second, this distrust escalates when foreign institutions threaten national sovereignty”. (Corberra, 1992-93, taken from e-readings).

Discuss Corberra’s comment, do you agree? If so, why? If not, why not?

3) What are the major differences of the African Charter of Human Rights when compared with the European Convention and the American Convention on Human Rights?  Do these differences constitute challenges for the African Union as well?

4) Under what conditions a minority should be entitled to the right of secession?

5) How valid is cultural relativism as a critique to the universal standards of human rights thesis?

Part B

1) Why does gender inequality continue to exist when women comprise at least (and usually more than) 50% of the world’s population? Analyse the question in relation to the Convention on the Elimination of Discrimination Against Women.

2) What are the main features of the Genocide Convention that make the treaty an exceptionally important document for international law?

3) Analyse and discuss the arguments for and against the use of torture in ‘the war against terrorism’? What are your conclusions?

4) When humanitarian intervention is justified? What are the challenges for such operations?

5) Consider the scenario in which interrogators find out that a terrorist suspect in custody knows where a ticking bomb has been planted and must force that information from him to save lives. Is torture an option?

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