1.

Universal Declaration of Human Rights (UDHR)

 Definition: The Universal Declaration of Human Rights (UDHR) was adopted by the
United Nations General Assembly in 1948. It’s a milestone document that outlines basic
human rights and freedoms that should be universally protected. It’s not a legally binding
treaty but serves as a standard for human rights worldwide. The UDHR consists of 30
articles, which cover civil, political, economic, social, and cultural rights.
 Key Principles:
o Right to life, liberty, and security
o Freedom of expression and thought
o Right to work, education, and participation in government
o Freedom from slavery and torture

2. Cairo Declaration on Human Rights in Islam (CDHRI)

 Definition: The Cairo Declaration on Human Rights in Islam was adopted by the
Organization of Islamic Cooperation (OIC) in 1990. This declaration presents a
perspective on human rights that is grounded in Islamic law (Sharia). While it
recognizes the importance of human rights, it also emphasizes the subordination of
human rights to Islamic principles.
 Key Principles:
o Right to life, freedom, and security
o The protection of family, honor, and privacy
o Freedom of belief, but within the context of Islam
o Social justice and equality
 Notable Distinction: The Cairo Declaration allows some limitations on freedoms that
are in harmony with Islamic values, which contrasts with UDHR’s universal approach.

3. Fundamental Rights in the Constitution of Pakistan 1973

 Definition: The Fundamental Rights in the Constitution of Pakistan (1973) are

enshrined in Part II (Articles 8 to 28) of the Constitution. These rights are designed to
ensure that citizens are guaranteed certain basic freedoms and protections, including
civil liberties, political rights, social justice, and more. These rights are justiciable,
meaning they can be enforced by the courts.
 Key Rights:
o Equality before the law (Article 25)
o Right to life and liberty (Article 9)
o Freedom of speech and expression (Article 19)
o Freedom of assembly (Article 16)
o Protection of property (Article 24)
o Right to education (Article 25A)
o Religious freedom (Article 20)
Differences Between UDHR, Cairo Declaration, and Fundamental Rights in
Pakistan’s Constitution

Universal
Cairo Declaration on Fundamental Rights in
Declaration of
Aspect Human Rights in Islam Pakistan’s Constitution
Human Rights
(CDHRI) (1973)
(UDHR)
Non-legally binding
Non-legally binding Legally binding, enforceable
Nature declaration with Islamic
declaration in courts
context
Global, applies Specific to Muslim
Scope universally to all countries and Islamic Specific to Pakistan’s citizens
countries principles
Not enforceable in Enforceable by Pakistan’s
Legal Status Not enforceable in law
law judiciary
Based on individual Based on the Constitution,
Human Rights Based on Islamic law, some
freedoms, secular with guaranteed civil,
Framework rights limited by Sharia
values political, and economic rights
Secular, with freedom of
Religious Secular, not Directly influenced by
religion, but influenced by
Influence influenced by religion Islamic principles
Pakistan’s Islamic identity
Freedom of speech, Protection of family and Right to life, freedom of
Examples of
right to education, honor, social justice, rights speech, religious freedom,
Rights
right to work in accordance with Sharia protection of property

Summary of Key Differences:

 Global vs. Regional: UDHR is a global document, while the Cairo Declaration is
focused on Muslim-majority countries, and Pakistan’s Fundamental Rights apply only to
Pakistani citizens.
 Secular vs. Religious: UDHR is secular, focusing on universal human rights, while the
Cairo Declaration incorporates Islamic law, and Pakistan's Constitution balances secular
human rights with Islamic principles (as Pakistan is an Islamic Republic).
 Legally Binding: UDHR and Cairo Declaration are not enforceable by law, while the
Fundamental Rights in Pakistan’s Constitution are legally binding and can be enforced by
the courts.

Q.2: Sources of International Law, Monoistic & Dualistic Theories, Jus Cogens, and Subjects of
International Law

1. SOURCES OF INTERNATIONAL LAW

The sources of international law are the origins from which rules of international conduct are derived.
According to Article 38(1) of the Statute of the International Court of Justice (ICJ), the primary sources
are:

(a) International Conventions (Treaties)

 Formal written agreements between states.

 Binding only on the parties.

 Example: Vienna Convention on the Law of Treaties.

(b) International Custom

 Practices that are followed consistently by states out of a sense of legal obligation (opinio juris).

 Example: Diplomatic immunity.

(c) General Principles of Law Recognized by Civilized Nations

 Common legal principles found in national legal systems.

 Example: Principles of natural justice, such as "no one can be a judge in their own case."

(d) Judicial Decisions and Teachings

 Decisions of international courts and scholarly writings.

 Used as subsidiary means to determine rules of law.

2. MONOISTIC AND DUALISTIC THEORIES

These theories explain the relationship between international law and domestic (national) law.

Monoistic Theory

 Says that international and domestic law are part of a single legal system.

 International law is automatically applicable within a state.

 No need for transformation into national law.

 Example: Netherlands follows this approach.

Dualistic Theory

 Treats international law and national law as separate systems.

 International law must be incorporated or transformed into domestic law to have effect.
  Example: UK and Pakistan follow the dualistic model.

Feature Monoistic Theory Dualistic Theory

Legal System Unified Separate

Application Direct Requires transformation

Priority Often gives primacy to international law National law prevails unless incorporated

3. JUS COGENS (Peremptory Norms)

Definition:

 Jus Cogens norms are compelling, fundamental principles of international law from which no
derogation is allowed.

 These norms bind all states, regardless of their consent.

Examples:

 Prohibition of genocide

 Prohibition of slavery

 Prohibition of torture

 Prohibition of aggression

Significance:

 Treaties or laws that conflict with jus cogens are considered void.

 They reflect the highest hierarchy of international law norms.

4. SUBJECTS OF INTERNATIONAL LAW

Definition:

 Entities that have rights and duties under international law and can be held responsible for
breaches.

Main Subjects:

1. States
 o Primary and most important subjects.

o Enjoy sovereignty and can enter into treaties.

2. International Organizations

o Like the UN, WTO, etc.

o Have limited legal personality and functions.

3. Individuals

o Recognized as subjects especially in human rights law and international criminal law.

o Can be held accountable (e.g., ICC trials).

4. Non-Governmental Organizations (NGOs)

o Indirect subjects; can influence law-making through advocacy and reports.

5. Multinational Corporations

o Increasingly relevant due to global operations and human rights implications.

Summary for Revision:

Topic Key Point

Sources of Intl Law Article 38 of ICJ: Treaties, Customs, General Principles, Judicial Decisions

Monoistic Theory International law is directly applicable in domestic law

Dualistic Theory International law must be incorporated into national law

Jus Cogens Non-derogable fundamental norms (e.g., genocide, torture)

Subjects of Intl Law States, Individuals, IGOs, NGOs, Corporations

Definition: Human Rights Enforcement Mechanism

✅ Human Rights Enforcement Mechanism refers to the institutional and legal frameworks (both
national and international) that are established to protect, promote, and ensure the realization of
human rights. These mechanisms are responsible for monitoring compliance, addressing violations,
and providing remedies to individuals whose rights have been infringed.

These mechanisms work at two levels:

🟩 1. International Human Rights Enforcement Mechanisms

These are established under the framework of the United Nations (UN) and regional bodies, and they
aim to ensure that states comply with their international human rights obligations.

🔹 A. UN-Based Mechanisms

(i) Human Rights Council (HRC)

 An intergovernmental body within the UN system.

 Reviews human rights situations of all UN Member States under the Universal Periodic Review
(UPR).

 Can adopt resolutions, initiate investigations (fact-finding missions), and appoint Special
Rapporteurs.

(ii) Office of the High Commissioner for Human Rights (OHCHR)

 The main UN agency that works for the promotion and protection of human rights.

 Offers technical assistance and reports on violations globally.

(iii) Treaty Bodies (Committees)

Each major human rights treaty has a monitoring body. These include:

 Human Rights Committee (ICCPR)

 Committee Against Torture (CAT)

 Committee on the Elimination of Discrimination Against Women (CEDAW)

 They monitor state reports, handle individual complaints, and issue General Comments on
rights.

🔹 B. Regional Human Rights Mechanisms

(i) European Court of Human Rights (ECHR) – under European Convention on Human Rights

 Individuals can file complaints directly against states.

(ii) Inter-American Court of Human Rights – under OAS

(iii) African Court on Human and Peoples' Rights – under African Charter
🌍 Note: There is no formal regional mechanism in Asia, which is a major gap in global enforcement.

🟨 2. National Human Rights Enforcement Mechanisms

These are internal state institutions and procedures used to protect the rights of individuals as per the
constitution or domestic law.

🔹 A. Judiciary

 Courts (especially High Courts and Supreme Courts) can enforce Fundamental Rights.

 Can provide remedies like writs, injunctions, compensation, etc.

🔹 B. National Human Rights Institutions (NHRIs)

 Semi-independent bodies created to monitor and report on human rights.

 Example: National Commission for Human Rights (NCHR) Pakistan.

 Functions:

o Investigating violations

o Advising the government

o Educating the public

🔹 C. Ombudsman (Mohtasib)

 Deals with complaints against public officials for maladministration or rights abuse.

 Provides administrative remedies.

🔹 D. Legislation & Law Enforcement

 Enforcement of laws protecting human rights (e.g., laws against torture, child labor, violence
against women).

 Police, FIA, courts implement these laws.

📌 Conclusion

Human rights enforcement mechanisms are the guardians of dignity and justice. Whether international
or national, they exist to ensure that the promises of rights on paper become a reality for every human
being. While challenges like lack of political will, impunity, and limited access to justice persist, these
mechanisms remain crucial tools in the global fight for human rights protection.

SUBJECTS OF INTERNATIONAL LAW (Detailed Explanation)

✅ Definition:

Subjects of international law are entities that possess international personality — meaning they have
the capacity to hold rights, duties, and obligations under international law, and can be participants in
international legal relations.

🎯 1. States (Primary Subjects)

 Sovereign and independent entities.

 Recognized as the principal subjects of international law.
 Enjoy rights such as:
o Entering into treaties
o Territorial integrity
o Diplomatic relations
 Also bear duties:
o Non-aggression
o Respect for other states’ sovereignty
o Compliance with international obligations

📌 Criteria for statehood (Montevideo Convention 1933):

1. Permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations with other states

🎯 2. International Organizations

 Created by treaties between states (e.g., United Nations, WHO).

 Have limited international personality — only what is necessary to fulfill their purpose.
 Can:
o Enter into agreements
o Sue or be sued in international forums
o Send representatives

📍 Example: International Court of Justice (ICJ) hears cases involving organizations.

🎯 3. Individuals

 Traditionally, individuals were not subjects, but modern law has changed this.
 Now individuals can:
o Be granted rights (e.g., under Human Rights Conventions)
o Be held accountable for international crimes (e.g., war crimes, genocide)
 International Criminal Court (ICC) and International Human Rights law give individuals direct
status.

🎯 4. Non-Governmental Organizations (NGOs)

 Not formal subjects, but play an influential role in:

o Human rights advocacy
o Environmental law
o Monitoring and reporting violations
 Can act as amicus curiae (friend of the court) in international tribunals.

🎯 5. Multinational Corporations (MNCs)

 Powerful entities with transnational influence.

 Increasingly held accountable for:
o Environmental damage
o Labor rights violations
 Often involved in Investor-State Dispute Settlement (ISDS) under international economic law.

🎯 6. Minor Entities (Liberation Movements, Holy See, etc.)

 National liberation movements (e.g., PLO in Palestine) may gain limited recognition.
 The Holy See (Vatican) has diplomatic status and signs treaties.

SOURCES OF INTERNATIONAL LAW (In Detail)

🔹 Definition:

Sources of international law are the formal origins from which rules of international legal conduct are
derived and recognized as binding between states and other international actors.
✅ The primary authority is Article 38(1) of the Statute of the International Court of Justice (ICJ).

🔶 ARTICLE 38(1), ICJ STATUTE – CLASSIFICATION OF SOURCES

The ICJ applies the following as sources of international law:

✅ 1. International Conventions (Treaties)

Treaties = Written agreements between states governed by international law.

 Treaties may be bilateral (2 states) or multilateral (many states).

 They are legally binding on the parties that sign and ratify them.
 Governed by the Vienna Convention on the Law of Treaties (VCLT) 1969.

Examples:

 UN Charter (1945)
 Geneva Conventions (1949)
 Paris Agreement on Climate Change (2015)

🔹 Treaties = Like contracts between states

✅ 2. International Custom

Customary International Law = Unwritten rules derived from consistent state practice, accepted as law
(opinio juris).

Requirements:

1. State Practice – Uniform and consistent behavior of states.

2. Opinio Juris – Belief that the practice is legally required, not just out of habit or courtesy.

Examples:

 Diplomatic Immunity
 Freedom of navigation on high seas
 Non-use of force (before it was codified in the UN Charter)

🔹 Customary law is binding on all states, unless they are persistent objectors.
✅ 3. General Principles of Law Recognized by Civilized Nations

Definition: Principles common to major national legal systems and universally accepted as fundamental
legal norms.

These are used:

 When there’s no treaty or custom available, to fill legal gaps.

 Often referred to as principles of natural justice.

Examples:

 Pacta sunt servanda (agreements must be kept)

 Res judicata (a matter already judged)
 Equality before law
 Good faith

🔹 Not specific to international law but accepted globally.

✅ 4. Judicial Decisions and Teachings (Subsidiary Means)

These are not primary sources, but used to interpret or clarify primary sources.

A. Judicial Decisions

 From International Courts (e.g., ICJ, ICTY, ICC) or regional courts (e.g., ECHR).
 Though not binding precedent, previous decisions are persuasive and influential.

B. Teachings of Highly Qualified Publicists

 Scholarly writings help interpret law or formulate new doctrines.

 Cited by ICJ and other tribunals.

Famous scholars:

 Hugo Grotius
 Oppenheim
 Antonio Cassese

🔹 Cited where treaty or custom is unclear.

🔷 Other (Modern) Sources of International Law

Though not part of Article 38, modern international law recognizes additional "soft law" sources:

🔹 5. Jus Cogens (Peremptory Norms)

 Higher order of customary norms from which no derogation is allowed.

 Binding on all states — even without consent.
 Example:
o Prohibition of genocide
o Prohibition of slavery
o Prohibition of torture
o Prohibition of aggression

🔹 6. UN General Assembly Resolutions

 Non-binding (soft law) but influential in forming customary international law.

 Can reflect international consensus.

Example:

 Universal Declaration of Human Rights (UDHR) 1948 – Not binding, but widely followed.

📝 Summary Table
Source Nature Binding? Example

International Treaties Written agreements Yes UN Charter

International Custom State practice + opinio juris Yes Diplomatic Immunity

General Principles of Law Common legal norms Yes Pacta sunt servanda

Judicial Decisions Court rulings Subsidiary ICJ judgments

Scholarly Teachings Legal scholars' opinions Subsidiary Grotius, Oppenheim

Jus Cogens Norms Peremptory norms Yes Genocide, Torture

UNGA Resolutions & Soft Law Political declarations No (but influential) UDHR
🔚 Conclusion

The sources of international law provide the framework for order and conduct between nations. While
treaties and customs are the strongest in binding nature, modern developments like jus cogens and soft
law show the evolving and flexible nature of international law.