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What would be required for successful direct protection of h

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What would be required for successful direct protection of h [#permalink] New post 14 Jun 2011, 00:47
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What would be required for successful direct protection of human rights? The authority to command violating parties to do otherwise? The ability to enforce such a command? Overwhelming political pressure directed against human rights violations to the exclusion of other interests? No United Nations human rights body has such authority and power.

The United Nations‘ primary raison d‘etre in the human rights field as acted upon by the Human Rights Committee is long-term. It may be that the sum total of UN activity in this field is supposed to socialize or educate actors into changing their views and policies on human rights over time toward a cosmopolitan human rights standard as defined by United Nations instruments. Conversely one can say that the entirety of UN human rights activity is to dispense or withhold a stamp of legitimacy on member states according to their human rights record. It can be persuasively argued that in some cases a ruling regime lost ground in its struggle for legitimacy in the eyes of important actors because of violations of aforementioned rights. The United Nations‘ definition of human rights probably contributed to the process.

At some point, socialization and manipulation of legitimacy must directly change specific behaviour and must lead to direct protection by some actor. In a few situations this linkage can already be demonstrated. In the case of Filartiga v. Peña Irala in the United States, a federal court held torture to be prohibited by customary international law, using United
Nations instruments and actions as part of its reasoning. ―Once a tort can be considered to be in violation of the law of nations, Sec. 1350 allows immediate access to a federal court.… It is now generally accepted by the United States and the vast majority of other member nations of the United Nations that gross violations of human rights are, as a matter of
international law, a legitimate concern of the world community.‖ This case opened the possibility of express prosecution of torturers of any nationality who appear in the jurisdiction of the United States. Other courts in the U.S. have also used United Nations instruments and activities as part of their decisions, and other states beyond the U.S. show some influence from UN instruments in their legal and administrative decisions. The 1998 Pinochet extradition case in London, described by Human Rights Watch as a ―wake-up call‖ to tyrants
everywhere, was decided on the basis that both Britain and Chile had ratified the United Nations Convention against Torture.
1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:
A. by persuading member states to change certain laws to avoid human rights violations.
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards.
C. by recognizing certain countries based on their human rights record.
D. by affecting the legal and political policies of member states.
E. by providing a stamp of legitimacy to some member countries


2. The passage suggests that the author would most likely agree with which of the following statements?
A. The UN has done little to affect the protection and establishment of human rights.
B. Human rights violations should be the primary concern of the UN.
C. International policies can be influenced by UN activities and proclamations.
D. Future human rights court cases may turn to UN policies for assistance.
E. The UN needs to be given military powers


3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor.
B. demonstrate the dangers of the UN‘s concentration on long-term effects.
C. provide evidence that torture is prohibited by international law.
D. cite a case in which the UN withheld legitimacy from a target state.
E. cite a case wherein UN intervention proved futile


4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
A. propose changes that would increase UN effectiveness in enforcing human rights.
B. indicate indirectly the shortfalls of UN human rights activity concerned with short-term change.
C. explain the UN‘s function in the field of human rights by giving examples.
D. describe the major activity of the UN in the field of human rights
E. to praise the policies of the United Nations



What is the break down of this passage? What is the 1st , 2nd and 3rd para talking about ? I am having diffculty creating a passage map or outline the ideas...
Here is what I have understood please correct me :
Para 1 :Questions UN power and says UN doesnt have too much power to protect human rights
Para 2 : No idea what this para is trying to convey...All i got is "UN exists since long term and its duties are blah blah blah "
not sure even if that is correct
Para 3:Torchure is prohibited by UN and talks more about torture and its consequesnces...dont know what in detail and have a hard time understanding...
Also, what is this ACTOR term ??? what does ACTOR mean?
How do you approach these questions? I am lost in all the questions ...

Last edited by siddhans on 14 Jun 2011, 22:08, edited 1 time in total.
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Re: United Nations‘ [#permalink] New post 15 Jun 2011, 05:43
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IMO 1. E
2. C
3. A
4. C

What r OAs
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Re: What would be required for successful direct protection of h [#permalink] New post 17 Nov 2013, 14:43
siddhans wrote:
What would be required for successful direct protection of human rights? The authority to command violating parties to do otherwise? The ability to enforce such a command? Overwhelming political pressure directed against human rights violations to the exclusion of other interests? No United Nations human rights body has such authority and power.

The United Nations‘ primary raison d‘etre in the human rights field as acted upon by the Human Rights Committee is long-term. It may be that the sum total of UN activity in this field is supposed to socialize or educate actors into changing their views and policies on human rights over time toward a cosmopolitan human rights standard as defined by United Nations instruments. Conversely one can say that the entirety of UN human rights activity is to dispense or withhold a stamp of legitimacy on member states according to their human rights record. It can be persuasively argued that in some cases a ruling regime lost ground in its struggle for legitimacy in the eyes of important actors because of violations of aforementioned rights. The United Nations‘ definition of human rights probably contributed to the process.

At some point, socialization and manipulation of legitimacy must directly change specific behaviour and must lead to direct protection by some actor. In a few situations this linkage can already be demonstrated. In the case of Filartiga v. Peña Irala in the United States, a federal court held torture to be prohibited by customary international law, using United
Nations instruments and actions as part of its reasoning. ―Once a tort can be considered to be in violation of the law of nations, Sec. 1350 allows immediate access to a federal court.… It is now generally accepted by the United States and the vast majority of other member nations of the United Nations that gross violations of human rights are, as a matter of
international law, a legitimate concern of the world community.‖ This case opened the possibility of express prosecution of torturers of any nationality who appear in the jurisdiction of the United States. Other courts in the U.S. have also used United Nations instruments and activities as part of their decisions, and other states beyond the U.S. show some influence from UN instruments in their legal and administrative decisions. The 1998 Pinochet extradition case in London, described by Human Rights Watch as a ―wake-up call‖ to tyrants
everywhere, was decided on the basis that both Britain and Chile had ratified the United Nations Convention against Torture.
1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:
A. by persuading member states to change certain laws to avoid human rights violations.
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards.
C. by recognizing certain countries based on their human rights record.
D. by affecting the legal and political policies of member states.
E. by providing a stamp of legitimacy to some member countries


2. The passage suggests that the author would most likely agree with which of the following statements?
A. The UN has done little to affect the protection and establishment of human rights.
B. Human rights violations should be the primary concern of the UN.
C. International policies can be influenced by UN activities and proclamations.
D. Future human rights court cases may turn to UN policies for assistance.
E. The UN needs to be given military powers


3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor.
B. demonstrate the dangers of the UN‘s concentration on long-term effects.
C. provide evidence that torture is prohibited by international law.
D. cite a case in which the UN withheld legitimacy from a target state.
E. cite a case wherein UN intervention proved futile


4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
A. propose changes that would increase UN effectiveness in enforcing human rights.
B. indicate indirectly the shortfalls of UN human rights activity concerned with short-term change.
C. explain the UN‘s function in the field of human rights by giving examples.
D. describe the major activity of the UN in the field of human rights
E. to praise the policies of the United Nations



What is the break down of this passage? What is the 1st , 2nd and 3rd para talking about ? I am having diffculty creating a passage map or outline the ideas...
Here is what I have understood please correct me :
Para 1 :Questions UN power and says UN doesnt have too much power to protect human rights
Para 2 : No idea what this para is trying to convey...All i got is "UN exists since long term and its duties are blah blah blah "
not sure even if that is correct
Para 3:Torchure is prohibited by UN and talks more about torture and its consequesnces...dont know what in detail and have a hard time understanding...
Also, what is this ACTOR term ??? what does ACTOR mean?
How do you approach these questions? I am lost in all the questions ...


For me this is BDEA

Please post the OA will you?

Thanks
Cheers!
J:)
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Re: What would be required for successful direct protection of h [#permalink] New post 22 Nov 2013, 10:37
1. B - the passage says that the UN cannot ENFORCE any command
2. C
3. A
4. B
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Re: What would be required for successful direct protection of h [#permalink] New post 27 Dec 2013, 20:06
The OA should be B, D, A, C

1) The author does not state that the UN has the power to enforce its member states to adhere to its human rights laws.
2) The author states on the last paragraph that UN instruments and activities play a role in member states' court decisions. Moreover, choice D can be inferred from the first sentence of last paragraph. The author gives examples of UN success in the field of human rights (A is out). Choice B is too extreme and the author does not even talk about this point. International policies are not discussed in the passage so C is out. Same for E as the author does not discuss anything about military power.
3) The author cites this case as an example to demonstrate his points on the first two sentences of the last paragraph. E is wrong because futile means ineffective...
4) The author obviously is trying to explain the role of UN in the human right field. The author does not advocate or give one sided argument.

Hope that helps! Open for more discussion :)
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Re: What would be required for successful direct protection of h [#permalink] New post 17 Jan 2014, 19:48
I took 8.24mins. Am I too slow?

DBAB.
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Re: What would be required for successful direct protection of h [#permalink] New post 10 Mar 2014, 10:00
Expert's post
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Re: What would be required for successful direct protection of h [#permalink] New post 18 Apr 2014, 10:57
What do you mean by OA 'should be'

Are they the correct answers or not?

Please advice
Cheers!
J :)
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Re: What would be required for successful direct protection of h [#permalink] New post 24 Apr 2014, 10:08
jlgdr wrote:
siddhans wrote:
What would be required for successful direct protection of human rights? The authority to command violating parties to do otherwise? The ability to enforce such a command? Overwhelming political pressure directed against human rights violations to the exclusion of other interests? No United Nations human rights body has such authority and power.

The United Nations‘ primary raison d‘etre in the human rights field as acted upon by the Human Rights Committee is long-term. It may be that the sum total of UN activity in this field is supposed to socialize or educate actors into changing their views and policies on human rights over time toward a cosmopolitan human rights standard as defined by United Nations instruments. Conversely one can say that the entirety of UN human rights activity is to dispense or withhold a stamp of legitimacy on member states according to their human rights record. It can be persuasively argued that in some cases a ruling regime lost ground in its struggle for legitimacy in the eyes of important actors because of violations of aforementioned rights. The United Nations‘ definition of human rights probably contributed to the process.

At some point, socialization and manipulation of legitimacy must directly change specific behaviour and must lead to direct protection by some actor. In a few situations this linkage can already be demonstrated. In the case of Filartiga v. Peña Irala in the United States, a federal court held torture to be prohibited by customary international law, using United
Nations instruments and actions as part of its reasoning. ―Once a tort can be considered to be in violation of the law of nations, Sec. 1350 allows immediate access to a federal court.… It is now generally accepted by the United States and the vast majority of other member nations of the United Nations that gross violations of human rights are, as a matter of
international law, a legitimate concern of the world community.‖ This case opened the possibility of express prosecution of torturers of any nationality who appear in the jurisdiction of the United States. Other courts in the U.S. have also used United Nations instruments and activities as part of their decisions, and other states beyond the U.S. show some influence from UN instruments in their legal and administrative decisions. The 1998 Pinochet extradition case in London, described by Human Rights Watch as a ―wake-up call‖ to tyrants
everywhere, was decided on the basis that both Britain and Chile had ratified the United Nations Convention against Torture.
1. According to various points made by the author of the passage, all of the following are ways in which the UN can exert influence over human rights EXCEPT:
A. by persuading member states to change certain laws to avoid human rights violations.
B. by enforcing a UN command to cease any behaviour that does not adhere to UN standards.
C. by recognizing certain countries based on their human rights record.
D. by affecting the legal and political policies of member states.
E. by providing a stamp of legitimacy to some member countries


2. The passage suggests that the author would most likely agree with which of the following statements?
A. The UN has done little to affect the protection and establishment of human rights.
B. Human rights violations should be the primary concern of the UN.
C. International policies can be influenced by UN activities and proclamations.
D. Future human rights court cases may turn to UN policies for assistance.
E. The UN needs to be given military powers


3. The author mentions the case of Filartiga v. Peña Irala primarily in order to:
A. describe United Nations human rights activity that led to direct protection by an actor.
B. demonstrate the dangers of the UN‘s concentration on long-term effects.
C. provide evidence that torture is prohibited by international law.
D. cite a case in which the UN withheld legitimacy from a target state.
E. cite a case wherein UN intervention proved futile


4. Regardless of what the rest of the passage might be arguing, the author‘s principal concern in the first paragraph is most likely to:
A. propose changes that would increase UN effectiveness in enforcing human rights.
B. indicate indirectly the shortfalls of UN human rights activity concerned with short-term change.
C. explain the UN‘s function in the field of human rights by giving examples.
D. describe the major activity of the UN in the field of human rights
E. to praise the policies of the United Nations



What is the break down of this passage? What is the 1st , 2nd and 3rd para talking about ? I am having diffculty creating a passage map or outline the ideas...
Here is what I have understood please correct me :
Para 1 :Questions UN power and says UN doesnt have too much power to protect human rights
Para 2 : No idea what this para is trying to convey...All i got is "UN exists since long term and its duties are blah blah blah "
not sure even if that is correct
Para 3:Torchure is prohibited by UN and talks more about torture and its consequesnces...dont know what in detail and have a hard time understanding...
Also, what is this ACTOR term ??? what does ACTOR mean?
How do you approach these questions? I am lost in all the questions ...


For me this is BDEA

Please post the OA will you?

Thanks
Cheers!
J:)


:drunk
IMO BDAA
i guess there should be rule for deducting 1 Kudo If OA are not released within time period,what say :beat ??
:m16
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Re: What would be required for successful direct protection of h [#permalink] New post 26 May 2014, 12:01
Does somebody have the freaking OA's, I think I might have screwed the last two questions.

Cheers
J :)
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Re: What would be required for successful direct protection of h [#permalink] New post 31 May 2014, 00:45
BCAB
Where are the correct answers? I want to know how I did!
Re: What would be required for successful direct protection of h   [#permalink] 31 May 2014, 00:45
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