International law, Sixth edition
The United Nations system – implementation
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International Law MALCOLM N. SHAW
The United Nations system – implementation
202 The United Nations system has successfully generated a wide-ranging series of international instruments dealing with the establishment of 13 HRQ, 1991, p. 322; the Report of the UN Secretary-General, E/CN.4/1992/10, 1991 and the Concrete Proposals of the UN Secretary-General, E/CN.4/1993/16, 1993. 196 See 32 ILM, 1993, p. 1661. 197 Resolution 1993/22. The first report of this Working Group was at the end of 1993, E/CN.4/1994/21. The most recent mechanism has been the creation of an open-ended Working Group on the Right to Development in 1998, resolution 1998/72. A high-level task force on the implementation of the right to development was established by the Working Group in 2004: see e.g. A/HRC/8/WG.2/TF/2, 2008. 198 31 ILM, 1992, p. 876. See also below, chapter 15. 199 Note that the Committee on Economic, Social and Cultural Rights has adopted a General Comment in which it is stated that international co-operation for development and thus the realisation of economic, social and cultural rights is an obligation for all states, General Comment 3 (1991), HRI/GEN/1/Rev.1, pp. 48, 52. 200 See e.g. S. Prakash, ‘The Right to the Environment. Emerging Implications in Theory and Praxis’, 13 NQHR, 1995, p. 403. See further below, chapter 15 on international environmental law. 201 See e.g. General Assembly resolutions 33/73 and 39/11. See also R. Bilder, ‘The Individual and the Right to Peace’, 11 Bulletin of Peace Proposals, 1982, p. 387, and J. Fried, ‘The United Nations’ Report to Establish a Right of the Peoples to Peace’, 2 Pace Yearbook of International Law, 1990, p. 21. 202 See The Future of UN Human Rights Treaty Monitoring (eds. P. Alston and J. Crawford), Cambridge, 2000; Human Rights: International Protection, Monitoring and Enforcement (ed. J. Symonides), Aldershot, 2003; Steiner, Alston and Goodman, International Hu- man Rights; Rehman, International Human Rights Law, chapters 2–5; Tomuschat, Human Rights, chapters 6–8; United Nations Action in the Field of Human Rights, New York, 1994; The United Nations and Human Rights (ed. P. Alston), Oxford, 1992; Guide to Inter- national Human Rights Practice (ed. H. Hannum), 4th edn, Ardsley, 2004; Ramcharan, Human Rights: Thirty Years After the Universal Declaration, and UN Law/Fundamental t h e p r o t e c t i o n o f h u m a n r i g h t s 303 standards and norms in the human rights field. 203 The question of im- plementation will now be addressed. Political bodies – general The General Assembly has power under article 13 of the Charter to initi- ate studies and make recommendations regarding inter alia human rights. Human rights items on its agenda may originate in Economic and Social Council (ECOSOC) reports or decisions taken by the Assembly at earlier sessions to consider particular matters, or are proposed for inclusion by the UN organs, the Secretary-General or member states. Most items on hu- man rights go to the Assembly’s Third Committee (Social, Humanitarian and Cultural Committee), but others may be referred to other commit- tees such as the Sixth Committee (Legal) or the First Committee (Political and Security) or the Special Political Committee. The Assembly has also established subsidiary organs under Rule 161, several of which deal with human rights issues, such as the Special Committee on Decolonisation, the UN Council for Namibia, the Special Committee against Apartheid, the Special Committee to Investigate Israeli Practices in the Occupied Ter- ritories and the Committee on the Exercise of the Inalienable Rights of the Palestine People. 204 ECOSOC may, under article 62 of the Charter, make recommendations on human rights, draft conventions for the Assembly and call international conferences on human rights matters. It consists of fifty-four members of the UN elected by the General Assembly and hears annually the reports of a wide range of bodies including the UN High Commissioner for Refugees, the UN Children’s Fund, the UN Confer- ence on Trade and Development, the UN Environment Programme and the World Food Council. Of its subsidiary bodies, the Commission on Download 7.77 Mb. Do'stlaringiz bilan baham: |
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