[governance] Substance for IGF CS Opening and Closing speakers

[Mawaki Chango]

I'm sure our drafters will now pay careful attention to this matter.

To my edification, I never knew the Covenents (especially in the post
cold war era and understanding) may be seen as weakening, or creating
a contradiction with, the UDHR. I've been part of policy development
processes where all those legal instruments were referenced in the
same resolution (with the push of other lawyers or law experts). But
as you know, lawyers are great interpreters.

If your peers agree and maybe more importantly if practice shows that
UDHR is enough and the Covenents will only complicate the matter, then
obviously...
Thanks for the clarifications.

Mawaki

On Wed, Aug 25, 2010 at 5:27 PM, Paul Lehto <lehto.paul at gmail.com> wrote:
> Referring to the Universal Declaration of Human Rights and the treaty
> called the International Covenent on Civil and Political Rights, On
> 8/25/10, Mawaki Chango <kichango at gmail.com> wrote:
>
>> I'm sure it doesn't hurt to reference both,  the treaty for backing.
>
> ANSWER:  It does hurt if it is worded in such a way as to leave open
> the inference that the ratification or acceptance by treaty is what
> makes human rights binding on all nations, because that gives each
> nation both a power of unilateral veto as well as an implied power of
> totalitarian authority over all people under its control.  But yes,
> properly worded, the UDHR alone is enough and binding on all nations
> under customary international law, and the Covenant as well as other
> treaties are like adding suspenders on top of a strong belt.
>>
>> 2010/8/25 Paul Lehto <lehto.paul at gmail.com>:
>>> Per the below, the UDHR is most certainly binding international law,
>>> regardless of the existence of a signed treaty. I only point to
>>> signatures on treaties for the purpose of establishing yet another
>>> level:  binding agreement and consent in light of my statement at the
>>> outset that no one wants to expressly and publicly distance themselves
>>> from these rights.
>>>
> [snip]
> --
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-2334
>
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