Jeremy Thomas

Mrs. McMennamy
Capstone
Tuesday, October 25, 2016
Track Hours Reflection: Independent Study
The sources I read all had to deal with, on the basis of who they were trying to focus
their impact and focus on, anyone/country who has experienced a human rights violation. All
three articles discuss slightly different topics (religio-nationalist minorities, African citizen, and
Latin American citizens that have similar underlying themes unifying them all. However, theyre
all directed toward people who have an academic interest in each respective group and who
potentially want to do something to ameliorate their plights within the world. Which, is precisely
what my research paper is focused on, helping others through comprehending law and policy
with regard to history and context to find a solution to the wide-scale inefficacy of international
human rights treaties.
For this set of track hours, I read three lengthy and complex articles with the purpose of,
as always, further understanding my topic. This specific clumping of articles functions on the
basis of example. The articles each demonstrated different things. The first (Source A) showed
the development of international human rights law specifically for religion-nationalist minorities.
Source B, showed the correlation between international human rights law and African domestic
policy. Source C used Latin America as a focal point to discuss, analyze, and explain various
aspects of international legal theory.
Due to the fact that history remains a large portion of my topic, it has a tremendous range.
The focus of these articles, does reflect this, but also mirrors my focus on modernity and the
emphasis placed there. Sources A and B have a very specified linear approach to time, while
Source C does not really follow a chronological order. They are all adequately recent, and even
the more dated of them (Sources A and C), still provide relevant and pertinent information that
has assisted greatly in my comprehension of my topic.
Each of these articles covers a different geographic space: Europe, Africa, and Latin
America. Although it does keep my research broad, it maintains the weird juxtaposition of my
topic regarding broad specificity. Within my research paper I focus a lot on patterns. Patterns,
which I observe and am careful not to generalize with. However it tremendously facilitates
comprehension and explanation. Due to the fact that international law human rights law is in
fact, global (along with the impact of internationally ratified treaties) it is necessary to keep my
topic as such. Nonetheless, it is immensely helpful to have individual perspectives that use
individualized people, regions, and events to convey broader information, which is a method I
seek to replicate to some extent in my paper (on the basis of examples aid in explanation).

I think its important to note that Im not reading to completely understand every legal
structure/entity that exits in the world, because that's borderline impossible/maybe the purpose of
graduate schooling of some sort. Im reading and looking to understand history, basic legal
function (how it opposes or facilitates treaties specifically), and to see what patterns reveal
themselves thereof.
I chose independent study for the remainder of my track hours because it is tailored to my
current needs of my research paper. I need to know more specifics of my topic, and although the
ten mandatory sources were very helpful theres always for to learn. Furthermore, after my first
track hours being from my experience at Columbia, its always nice to be able to diversify my
learning intake method.

Source A: Religio-Nationalist Minorities and the Development of Minority Rights Law

This article focuses largely on the history of religious minority oppression and provides
an excellent background on the subject. It begins with the end of the Soviet period in
Central/Eastern Europe along with the Balkans because it is the region that has seen open
development of tensions due to the presence of minority groups in states that are attempting to
reassert their national sovereignty. Continuing from there, it examines the spike in international
activity by various budding organizations as they attempt to establish minority rights standards
and to ensure their implementation (the modern disconnect of this goal is my focus of study, very
helpful in understanding motive, historical progression, etc.). This article conveys the idea of
minority rights in international law comes originally from the atrocious treatment of religious
minorities, and other, subsequent minorities defined by other terms, in this region
(Central/Eastern Europe), and that the modern mechanisms and functional systems of minority
human rights law that were established to guarantee minority rights can be seen to be developed
from the perceived need to make minority rights a matter of international import rather than one
exclusively for neighboring or allied countries.

Source Length: 23 pages

Time to read: 3 hours and 20 minutes
Justification: Just as a rule of thumb I take notes on my articles to help understand them more
and to be able to easily spot pertinent information. Additionally, this article did get quite
technical, and sometimes very specific. Addressing this two-pronged issue by having to read and
understand jargon and to do additional historical research and background just enhanced the
length of time it took me to read it.

Source Analysis A: Religio-Nationalist Minorities and the Development of Minority Rights Law

Source Letter: A
Gilbert, G. (1999). Religio-Nationalist Minorities and the Development of Minority Rights
Law. Review of International Studies, 25(3), 389-410. Retrieved from
http://www.jstor.org/stable/20097607
Geoff Gilbert is the Department Chair and Program Director of Masters in Cultural
Translation. Dr. Gilbert has been teaching at the American University of Paris since 1999.
Previously he taught at Cambridge University in England. Currently, he teaches courses on
modern literature, with a specialization and focus on cultural studies, the study of prosody,
and the consideration of literature as it pertains to economics, politics, and sexuality. He is
also the author of Before Modernism Was: Modern History and the Constituency of Writing.
Dr. Gilbert has a PhD in English Literature from the University of Cambridge and a Masters
(Honors) in English Literature form Aberdeen University.

I found this source using Columbia Universitys CLIO databases.

The intended audience for this article is pretty much anyone with an interest in history and
some educational background in it. The article is very well written and although technical at
times, provides a great deal of information with the help of Cornells online legal dictionary.

The source is archaic to say the least, however, provides excellent information regarding the
development of human rights law: specifically minority rights law. The source comes from a
credible database and has a very credible author who is able to give a unique perspective on the
topic because of his unique background. Perhaps contact Gilbert to see if he has updated
research Not really necessary, I dont think.

Minimum 3 quotes, paraphrases, summaries of source text that seem likely to be helpful in
future writing:

1. '[The] "problem" of minorities ... [is not] as susceptible of solution as those of physics and
mathematics!' (de Azc?rate, League of Nations and National Minorities, p. viii).
2. Since 1989, Europe has witnessed its most intense period of reconstruction since the end of
World War I: the creation through war of five new states from the former Yugoslavia; the
division of Czechoslovakia; tension concerning ethnic Albanians in Kosovo, Macedonia and
Greece, ethnic Greeks and Macedonians in Albania, ethnic Hungarians in the Slovak
Republic and Romania, and ethnic Russians in the Baltic States; and the Roma community
has suffered overt discrimination throughout most of the region.
3. Beyond that one specific issue, minority rights reflect more than mere freedom from
discrimination.8 There is an obligation to promote and protect the group's existence and
identity, summarised as follows : Article 1.(1) States shall protect the existence and the
national or ethnic, cultural, religious and linguistic identity of minorities within their
respective territories and shall encourage conditions for the promotion of that identity.
4. The problem, though, is that many so-called religious minorities are multi-faceted and
cannot be categorised solely by their religion. Where a group makes claims solely in terms of
its freedom to worship, a purely religious minority as it were, then its demands can be
satisfied through human rights mechanisms designed to guarantee freedom of religion and
non-discrimination.

Source B: How international human rights law influences domestic law in Africa

This article focuses on exactly how international human rights law has influenced, and
does influence (the future is really only addressed in the conclusion) domestic African policy. A
direct example would be in the direct application of international human rights law by national
courts or by inspiring new national legislation that is based upon international instruments. The
article also considers the impact of international expert made law, such as, the decisions of
regional and UN quasi-judicial bodies and courts by using and acknowledging them as
influential factors within the region (and the overall international body). The article provides an
excellent overview of how these issues matter in particular relation to Africa by highlighting
examples from national case law and by using legislation to illustrate particular points.

Source Length: 16 pages

Time to read: 2 hours and 20 minutes
Justification: This article took less time to read than others, for one because it is shorter than
most that Ive read. Also, it is a comparatively simpler article because of its specificity. It was
still one of the most technical that Ive read, which had obvious impacts on time and readability,
but it really does provide a great deal of information, if you can find it. With the help of my best
friend (Cornells online legal dictionary) I was able to get through this article.

Source Analysis B: How International Human Rights Law Influences Domestic Law in Africa

Source Letter: B

Killander, M. (2013). How international human rights law influences domestic law in africa.
Law, Democracy & Development, 17, 378-n/a.

Dr. Magnus Killander is a professional researcher (Head of Research) and associate professor
(teaching human rights and democratization in Africa) for the University of Pretorias Centre
for Human Rights. His research interests include the monitoring of international human
rights mechanisms and the relationship between domestic and international law, which is
unprecedentedly similar to my own. He is currently balancing three research projects all
centered around the efficacy of or fostering of international human rights. Dr. Killander has
held several editorial positions all relating to international human rights; most notably:
Editor-in-chief of African Human Rights Law Reports and the editor of International Human
Rights Law, Oxford Reports on International Law. He is clearly qualified to testify to human
rights law matters and is highly credible.

I found this source using Columbia Universitys CLIO databases.

The intended audience for this article is clearly for students of international law. There is
ideological, inter-continental overlap within this field, so a particular interest in Africa is not
necessary, it is just a bonus. The article is reasonably technical, but not impossible to
comprehend. It provides an excellent understanding on the legal, practical functions of
international law on a domestic scale.

While specifically focusing on Africa, this article gives excellent insight into the practical
application of international human rights law and its domestic affects. Africa is used to convey
international legal theory and its effects. The use of specific case references and citations of
international legal code greatly enhances its credibility. It is a method I may consider using it
in my own paper. Dr. Killanders explorations and discussion of the domestic influences of
international human rights law has greatly influenced my perspective, and I will adjust my
paper to match my newfound knowledge.
Read the rest of his research/inquire about it just for fun.

Minimum 3 quotes, paraphrases, summaries of source text that seem likely to be helpful in
future writing:

1. A distinction is often made between states that are monist and dualist; that is between states
where international treaties are purportedly directly applicable by courts in the same way as
national legislation and states where parliament must either incorporate the treaty through
national legislation, or use the treaty as a basis for national legislation.
2. Despite this constitutional provision, international law has played a minimal role in
Namibian constitutional jurisprudence.
3. The Court opened up for extensive reliance on international law in constitutional
interpretation commensurate with the obligation on courts in section 39(1)(b) to
consider international law when interpreting the Bill of Rights The impact of this provision in
the present case is clear, and direct. What reasonable measures does our Constitution require the
state to take in order to protect and fulfill the rights in the Bill of Rights? That question must be
answered in part by considering international law. And international law, through the interlocking grid of conventions, agreements and protocols we set out earlier, unequivocally obliges
South Africa to establish an anti-corruption entity with the necessary independence.
The Court further held:
Section 233...demands any reasonable interpretation that is consistent with international law
when legislation is interpreted. There is, thus, no escape from the manifest constitutional
injunction to integrate, in a way the Constitution permits, international law obligations into our
domestic law. We do so willingly and in compliance with our constitutional duty.
4. "Legal norms often come into conflict with each other. Theories have been developed with
regard to the role of international law in the national legal system, as discussed above. What
about different obligations under international law? One way to address this problem is, as
discussed below, through implementing legislation. Ideally the ratification of a treaty should be
preceded by a compatibility study. However, such studies are not undertaken systematically in
most African states.

Source C: International Human Rights Law and Practice in Latin America

The article examines how human rights practices within Latin America provide an excellent lens
through which one can use to examine the dynamic relationship between international law and
domestic politics. It conveys that international human rights norms are expressed through a
variety of means, but most specifically and most relevantly are: (globally) ratified treaties. The
other large way to implement human rights is through customary law, which is its own separate
beast. The article examines a historical viewpoint of the activity of international human rights
law in the world, in specific times of time correlating treaty drafting and ratification. It focuses
immensely on the issues with human rights law, and goes on to delve into regionally specific
issues (torture, disappearance, etc.). Finally, it separates Latin Americas process of human rights
into two segments: first is a broad regional norm shift in homogeneity of beliefs that led to an
increase in human rights reforms, second is how the improvement of human rights international
influenced the practice of compliance with these treaties.

Source Length: 28 pages

Time to read: 3 hours, 30 minutes
Justification: This article was very long. Although it was the least technical of the three sources,
it was the most packed with information. I took extensive notes on this article, all of which help
with understanding even the defined terminology. The article really does, for the most part, what
I want to do in my own paper. This led to me being extra cautious in my reading, and taking
specific note of things like structure and diction (jargon) to incorporate into my paper.

Source Analysis C: International Human Rights Law and Practice in Latin America

Source Letter: C
Lutz, E., & Sikkink, K. (2000). International Human Rights Law and Practice in Latin
America. International Organization, 54(3), 633-659. Retrieved from
http://www.jstor.org/stable/2601347
As she is the primary author, I will complete the author credibility analysis on her. Professor
Lutz served in the field of international human rights for over 25 years. She ran the Center
for Human Rights and Conflict Resolution while teaching courses of international criminal
law and international human rights; all at Tuft University. Professor Lutz also served as
Californias Director for Human Rights Watch and as its principal researcher on Latin
America (specifically Mexico). An accomplished author, she has written extensively on
international and transactional accountability for human rights violations, amongst other
human rights themes pertaining to Latin America. Professor Lutz received her law degree
from the University of California, Berkeley and her masters degree in anthropology from
Bryn Mawr college.

I obtained this source using Columbia Universitys CLIO databases.

The intended audience of this article is really anyone who is reasonably educated and has an
interest in international relations or law. I do think this article is a selection from Prof. Lutzs
book, that was selectively published for the purposes of a law/international relations journal.

This reveals the reason behind the articles clarity. It is not difficult to read at all. This is also
due to the fact that parts that do seem to be potentially ambiguous, are defined.
The relationship between international law and domestic politics is great developed in this
article. Prof. Lutz provides excellent examples that clearly articulate the roles of a variety of
international legal entities and theories (namely the concept of hostis humani generis, an
enemy of all humankind). By using Latin America is a lens through which to examine the
relationship between international law and domestic politics, Prof. Lutz does just that.
Additionally interesting/insightful is her organizational structure. The subcategories within the
paper are specific examples that are each individually, holistically analyzed.

Minimum 3 quotes, paraphrases, summaries of source text that seem likely to be helpful in
future writing:

1. The right to democratic governance is the least legalized norm internationally, though its
constituent elements, including freedom of expression, freedom of association, freedom of
assembly, and the right to participate in free and fair elections, are included in all the major
human rights treaties.
2. The second factor influencing improved human rights practices is the extent to which
decision making is centralized with respect to norm compliance. Decisions about military
coups or whether to hold free and fair elections are made by a country's top political or
military authorities and are therefore highly centralized. Decisions about disappearances also
tend to be centralized, since the ability to use security forces to kidnap and clandestinely
detain large numbers of prisoners requires a high level of coordination.
3. Not only do the issues differ in their degree of legalization, but countries differ as well with
respect to their acceptance of obligation and delegation in each of these areas. While the
degree of obligation is implicit in the nature of the agreement, it also depends on whether a
state has ratified a treaty.
4. In the 1980s Latin America experienced a regional human rights "norm cascade"-a rapid
shift toward recognizing the legitimacy of human rights norms and international and regional
action on behalf of those norms.