Posted: April 14th, 2015

Transnational Legal Practice II

Transnational Legal Practice II

Spring 2015

Writing Assignment #6 | 9 April 2015

Creating a NAIOS Human Rights Convention

Writing Assignment

You are the legal advisor to the NAIOS Secretary General. The Draft Treaty is going to be voted on shortly and the SecGen wants your final advice on the following questions.

1. Which changes to the Draft Treaty discussed in the Summit Meeting (or ones that have come to you after) should be adopted by the NAIOS members?
   1. This is very open ended.
      1. Point to some types of rights that are not included in this draft treaty but may be in the other conventions.
      2. Bring up some language that may be able to be changed.

• National Emergency/National Security Exception is probably a big one here – all other treaties have an article for derogation

1. May be good to also bring up the personal obligations/duties in the ACHR and ACHPR (starts at Art. 27)
   1. Possibility of creating a moral guideline for interactions between people not just between the state and its people

2. How should the NAIOS Human Rights Court operate? For example:

1. Will the Court accept inter-state claims? Individual claims? Both?
   1. Exhaustion of Domestic Remedies
   2. ECtHR
      1. Both individual and inter-state claims (Art. 33 & 34)

• ACHR
  1. Only accepts claims from States parties and the commission

1. How will judges be elected or appointed?
   1. ECtHR
      1. 1 from each country
      2. elected by parliament of their country
      3. 9 year terms – must retire at 70
   2. ACHR
      1. 7 judges
      2. Can’t have 2 from the same state
      3. Elected by General Assembly of organization by secret ballot
      4. 6 year term, cap on re-election
   3. Should the Court have the power to issue advisory opinions or investigative powers?
      1. Can a single judge sit and hear a case, or screen a case as in ECtHR?
      2. Committees / Chambers / Grand Chamber for appeals?

• Will decisions of the court be binding?

1. Advisory Opinions (see Art. 47 – 49 of ECHR)
2. Most regional bodies also set up a Commission – which can act as a screening process or provide advisory opinions to the Court