This course is designed as an introductory survey of the field of international human rights law. We adopt a broad definition of international human rights law as denoting all aspects of international law that confer fundamental, universal, and inherent rights on individuals and groups of individuals. The course combines analysis of the theoretical underpinnings of the international human rights legal framework, alongside practical considerations, including the key mechanisms for protection, promotion, and enforcement of human rights law, and its interpretation and application in domestic law. In this course, we will attempt to understand the ever expanding, but constantly contested, role of international law in the promotion and protection of human and peoples’ rights in Canada and around the world.
The course content will be delivered in three main modules. Module 1 will provide an overview of the Foundations of international human rights law, including key concepts, historical development, and the international law framework in which it operates. Module 2 will move into how international human rights law operates in Practice: we will look at the various mechanisms and institutions that make up its basic architecture, review a selected sample of the rights it protects, and examine how all this informs the development, application, and interpretation of domestic law in Canada. We will also round out what we have learned so far with a consideration of some of the Criticisms that have been directed at the international human rights law system. Finally, Module 3 will explore various Special Topics in the field, applying the knowledge we have acquired to topics such as indigenous rights, climate change, and business and human rights, and also getting brief introductions to the related fields of refugee law, international humanitarian law, and international criminal law. Throughout, students will be encouraged to engage critically with the assumptions and norms underpinning this framework, and its place in the globalized 21st century.
The international human rights law system is vast, and the goal of the course is not to impart a comprehensive and intimate doctrinal familiarity with the entire field. Rather, the objective is for students to come away with a competent understanding of the basic landscape of the international human rights system, equipped with the tools and resources with which to navigate it, and the ability to identify and resolve questions relating to international human rights law when they arise, particularly with respect to the ways in which international human rights law can be used to inform and support human rights advocacy under the domestic Canadian legal system.
The class meets once a week in a 3-hour time slot. Guests may on occasion be beamed into the class using a classroom internet connection; certain classes may be scheduled to be fully remote on Zoom where a guest or guests cannot attend in person.
Method of Evaluation:
· 75% for a research paper of 8,000 to 8,500 words;
· 20% for participation through discussion and online postings;
· 5% for delivery of an in-class presentation.