The Legal Importance or Binding Force of the The Universal Declaration of Human Rights, 1948, (U.D.H.R., 1948)

 

The Legal Importance or Binding Force of the U.D.H.R., 1948:- in this connection, there are many controversial issues & differences with regard to the legal importance or its binding force. Some authors said that this declaration has no legal importance or binding force but on the side some stated that it is having the legal importance or binding force. “Palmer & Perkins expressed that ‘this declaration is merely a statement of principles; not a legal binding instrument; but it has become of the best known international documents and it has often been referred to in resolutions of the U.N., the specialized agencies, regional arrangements and other international organizations and in national constitutions, legislation and court decision. It is a beacon light for all mankind even though it has been honoured more often in the breach than in the observance.’[1]Starke‘......the declaration could not and did not purport to be more than manifesto a statement of ideas, a path finding instrument’….Yet it is had a remarkable influence on further developments, at both the international and domestic levels, as it reflected in the number of instances of conventions and other instruments referring to, or invoking its provisions’[2] According to Oppenheim ‘the declaration is not an instrument which is legally binding either directly or indirectly. In particular, there is no warrant for assuming that it can properly be resorted to for the interpretation of the provisions of human rights and fundamental rights.[3]International Law of Oppenheim provides addition ‘however in the years since its adoption, the widespread acceptance of the authority of the declaration has led some to the opinion that while the declaration as an instrument is not a treaty, its provisions may have come to the embodiment of new rules of customary law in the matter.[4]Lauterpacht ‘the moral authority and influence of an international pronouncement of this nature must be in direct proportion to the degree of sacrifice of the sovereignty of states which it involves.’ Late Dr. Nagendra Singh[5], Former President (Chief justice) of International Court of Justice…said that ‘….the declaration, therefore, was not mere resolution of the General Assembly but a continuation of the Charter and had the dignity of the Charter.’ Professor Lois B. John[6] has appropriately remarked that ‘any violation of the declaration was the violation of the principles of the Charter.’ The Universal declaration of human rights has become legally binding constituting an authoritative interpretation of the Charter and as new rules of Customary International Law binding on all states. To some extent at least the declaration has by custom recognized as lying down rules binding upon states.”[7] The Universal declaration of human rights was adopted on 10 December, 1948 since then many countries and United Nations are implementing, adopting and practicing the mentioned human rights and principles of this declaration therefore now the declaration has changed into a custom or usage or human or nations practice hence automatically due to this aforesaid, the declaration has acquired or got the legal obligation or binding force or significance on the other side it is also the extension or reaffirmation of U.N. Charter in accordance with purposes or principles of the Charter so in this view the declaration is having the binding force lawfully. In the light of all heretofore mentioned we arrived on the view (s) that On the basis of the human, humanity & nature no state (s), group (s), person (s) or others must have any kind of objections or contrary things against the human rights as contained under this declaration in the welfare & interest of world human, living creatures and creation, subjecting to all justified exceptions, limitations, restrictions other connected things thereof, according to time & circumstances.

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[1]International Relations, The world community in transition, 3^rd Edition, 1970 Page no 370.

[2] International Law, 11^th Edition, Butterworth, 1994, Edited by I.A. Shearer Page no 330.

[3]Oppenheim, International Law, Vol. I, 08^thEdition Page no 745 & Note II page No 1003.

[4]Oppenheim, International Law, Vol. I, 09^thEdition, Longman Group U.K. Limited and Mrs. Tomoko Hudson 1992, Page no 1003.

[5] Recent Trends in the Development of International Law and Organization Promoting Inter- State Co-operation & World Peace, University of Geneva, Inaugural Nehru Lecture, 1969 page no 160.

[6] The Development of Charter of the United Nations: The Present State of International Law 1973 page no 39, 53.

[7]Dr. S.K.Kapoor: Human Rights under International Law and Indian Law: Central Law Agency, Allahabad: 5^th Edition 2011 Page no.34-40.