Use of International Law to Protect Human Rights Essay -- Enforcing In

1. IntroductionTreaties are the highest generator of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 world-wide piece justifiedlys treaties rely on the name and ignominy mechanisms to pressure states to improve practices.3 However with toothless international human rights norms, virtuous coercion is not always effective. An empirical study conducted by professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is more presumable to offset the pressure rather than augment it.5 So, is it time to kick human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties remain an indispensable tool for the promotion of human rights.6 Instead of getting rid of the treaty system, it is necessary to enhance the monitor and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the consequence to which international law serves as a useful tool for protection of human rights. 2. Development of clement Rights ProtectionStates ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocality instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ... ... Berkeley ledger of International Law 25644 Ann Janette Rosga and Margaret L. Satterthwaite, The Trust in Indicators Measuring mankindRights (2009) 27 Berkeley Journal of International Law 253, 25745 Oona Hathaway, Do Human Rights Treaties Make a Difference? (2003) 112 Yale Law Journal1935, 202546 Allan Rosas, States reign and Human Rights towards a Global Constitutional Project inDavid Beetham, government and Human Rights (OUP 19995), 6247 Justin Conlon, Sovereignty vs. human rights or reign and human rights? (2004) 46Race and Class 75,48 Universal resolve of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR), Art 149 Robert McCorquodale, A Future for Human Rights Law in Mashood A Baderin and ManisuliSsenyonjo, International Human Rights Law Six Decades after the UDHR and Beyond (Ashgate2010), 544