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24 N. Y. L. Sch. L. Rev. 31 (1978-1979)
The Implementation of International Human Rights Law

handle is hein.journals/nyls24 and id is 41 raw text is: THE IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS LAW* JOHN P. HUMPHREY** I. INTRODUCTION A. The Nature and Content of International Human Rights Law If one were asked to describe in one short sentence the growth of the international law of human rights in the now more than a quarter of a century since the adoption of the United Na- tions Charter, one could say that, while it has been impressive in a purely normative sense, the international community has not yet, with one important exception, been able to agree on and devise effective machinery for the international implementation of this new law. There now exists an important body of international law, most of it new, the purpose of which is to protect the human rights and fundamental freedoms of individual men and women even against acts and omissions of their own governments. Much of it is treaty law but there have also been significant developments in the cus- tomary law, including the law relating to the international respon- sibility of states for the treatment of aliens. The treaty law includes the human rights provisions of the United Nations Charter,' the European Convention for the Protec- tion of Human Rights and Fundamental Freedoms,2 the two United Nations' Covenants on Human Rights3 and other United * I would like to thank the editors of the Law Review for their assistance in pre- paring much of the footnote material for this article. ** B. Com., 1925; B.C.L., 1929; Ph.D., 1945; LL.D. (Carleton, 1968); LL.D. (St. Thomas, 1971); LL.D. (Dalhousie, 1975); LL.D. (McGill University, 1976). 1. U.N. CHARTER art. 1, para. 3; art. 13, para. 1(b); art. 55(c); art. 62, para. 2; art. 68; art. 76(c). See Humphrey, The U.N. Charter and the Universal Declaration of Human Rights, in THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS 39. (E. Luard ed. 1967). 2. Convention for the Protection of Human Rights and Fundamental Freedoms, adopted Nov. 4, 1950, [1950] Europ. T.S. No. 5, 213 U.N.T.S. 221 [hereinafter cited as European Convention]. See Robertson, The European Convention on Human Rights, in THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS 99 (E. Luard ed. 1967). 3. International Covenant on Civil and Political Rights, adopted Dec. 16, 1966, G.A. Res. 2200A, 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doe. A/6316 (1966) [here-