Introduction
A relation between a state and its nationals was deemed to fall exclusively within the domestic jurisdiction of the state. Nevertheless, in a few limited fields, an international conscience awakened which condemned certain flagrant types of treatment of the individual person. The result was the adoption of treaties dealing with the abolition of slavery and slave trade.
Customary international law also witnessed the development of certain rules governing the responsibility of states for the treatment of aliens, and the right of humanitarian intervention. Although justified in theory, the application of these rules in practice was often politically inspired, rather than motivated by a sincere concern for the individual.
In the aftermath of the First World War, the Covenant of the League of Nations provided, inter alia, for the protection of the indigenous populations of the mandated territories under its control, and for the safeguarding of the rights of various minorities.
This sanction was the first recognition of the right of the individual to be protected directly by international law. However, it was the shocking atrocities which preceded and accompanied the Second World War that accelerated the impetus of international concern towards radical justice and public policy.
The concept of ‘human rights’ became internationalized in the 20th century, precisely in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, and more developments were witnessed in Europe towards democracy and human rights following its introduction by the United Nations. The UDHR is a pivotal document that outlines an extensive and detailed list of Human Rights that are to be upheld by all states under the umbrella of the United Nations.
The clear, universal standards set out in the Declaration go above and beyond any of the consenting states domestic laws. The United Nations Declaration states that a nation’s action and its laws should mirror the standards set out in the Declaration. The Universal Declarations of Human Rights was
never intended to be an optional set of guidelines but a binding doctrine that challenged the very behavior and authority within a state. In particular, it challenges the state’s power to create any law it desires, placing a framework of values upon the state and holding it accountable to a superior system. This instrument inspired the Europeans and served as the basis for the drafting of the European Convention on Human Rights.
To download the full paper (in PDP format) click the link: SOLAGBADE OLUWOLE SUNDAY FINAL LL.M PROJECT