[governance] Substance for IGF CS Opening and Closing speakers

[Paul Lehto]

What I'm concerned about is the incorrect but quite common idea that a
treaty is necessary in order for international law to be binding.
This perception greatly slows down global human rights progress,
disables people from using their own reason and conscience in favor of
checking treaty ratifications, and can undermine the UDHR
inappropriately whenever it's written off as a "mere" Declaration.
Such "mere declarations" in minor matters would indeed be nonbinding,
but not so in the area of core fundamental human rights (incorporated
into customary international law).

On examination, the notion (not articulated here) that only a treaty
can create international law reserves to each nation-state an absolute
or totalitarian power to accept or reject what laws apply to it:  to
define the justice as limited to what it wants and signs off on.

Were that the case, the UN-sponsored war crimes tribunals, for
example, regarding the former Yugoslavia and Rwanda etc would not be
possible in most cases if political leaders were smart enough to
revoke treaties prior to violating human rights.  Hitler made just
that argument: inapplicability outside Germany's express consent via
treaty.  He lost that argument both on the battlefield and in the
courtroom and in the history books.

Paul Lehto

On 8/25/10, Mawaki Chango <kichango at gmail.com> wrote:
> 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
>>
>


-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-2334
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