“Transnational Legal Practice II
Writing Assignment #6 | 9 April 2015
Creating a NAIOS Human Rights Convention
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.
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?This is very open ended.Point to some types of rights that are not included in this draft treaty but may be in the other conventions.
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 derogationMay be good to also bring up the personal obligations/duties in the ACHR and ACHPR (starts at Art. 27)Possibility of creating a moral guideline for interactions between people not just between the state and its peopleHow should the NAIOS Human Rights Court operate? For example:Will the Court accept inter-state claims? Individual claims? Both?Exhaustion of Domestic Remedies
ECtHRBoth individual and inter-state claims (Art. 33 & 34)ACHROnly accepts claims from States parties and the commissionHow will judges be elected or appointed?ECtHR1 from each country
elected by parliament of their country
9 year terms must retire at 70ACHR7 judges
Cant have 2 from the same state
Elected by General Assembly of organization by secret ballot
6 year term cap on re-electionShould the Court have the power to issue advisory opinions or investigative powers?Can a single judge sit and hear a case or screen a case as in ECtHR?
Committees / Chambers / Grand Chamber for appeals?Will decisions of the court be binding?Advisory Opinions (see Art. 47 49 of ECHR)
Most regional bodies also set up a Commission which can act as a screening process or provide advisory opinions to the Court