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10 - Human Rights Protection as a Principle

from Part II - Fundamental Principles of International Law beyond the Friendly Relations Declaration

Published online by Cambridge University Press:  21 September 2020

Jorge E. Viñuales
Affiliation:
University of Cambridge
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Summary

The Friendly Relations Declaration of 1970 marks a most significant step in the development of international relations and international law, and it seeks to contribute to the progressive development and codification of fundamental principles in the sense of Article 13(1) UN Charter. The fact of its being adopted by consensus stressed its importance in the relations amongst Member States of the United Nations. The Declaration addresses seven fundamental principles that other participants in this volume have analysed and evaluated. It picks up principles derived from the text of the UN Charter itself, namely the prohibition of the threat or use of force against the territorial integrity or political independence of any State, the principle of peaceful settlement of disputes, the duty not to intervene in matters essentially within the domestic jurisdiction of any State, the duty of States to co-operate, the principle of equal rights and self-determination of peoples, the principle of sovereign equality of States and the principle that States shall fulfil the obligations assumed by them in good faith. All these principles spell out in detail obligations derived from the UN Charter itself, yet surprisingly, no mention is made of human rights as a self-standing principle.

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The UN Friendly Relations Declaration at 50
An Assessment of the Fundamental Principles of International Law
, pp. 231 - 257
Publisher: Cambridge University Press
Print publication year: 2020

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