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4 results

  • 5 - Interpretation across Treaty Bodies

  • Nina Reiners, Universität Potsdam, Germany
  • Book:
    Transnational Lawmaking Coalitions for Human Rights
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 94-115

  • Summary

    Chapter 5 delves into three additional cases of treaty interpretation by the human rights treaty bodies. The aim of the chapter is to probe the plausibility of the TLC concept across the human rights regime. I use insights and findings gathered from the drafting process of GC No. 15 to articulate a typology that distinguishes the treaty bodies by their likelihood to need external input when drafting GCs. Drawing on a combination of data – documents and existing scholarship, as well as interviews and personal observations – the case studies ultimately demonstrate the TLC concept to be applicable to drafting processes in other treaty bodies, even where their formation is less likely.

  • 11 - Environmental Justice, the Cold War and US Human Rights Exceptionalism

  • from Part II - The Generative/Productive Cold War
  • Edited by Matthew Craven, School of Oriental and African Studies, University of London, Sundhya Pahuja, University of Melbourne, Gerry Simpson, London School of Economics and Political Science
  • Book:
    International Law and the Cold War
    Published online:
    05 December 2019
    Print publication:
    19 December 2019, pp 232-255

  • Summary

    Since 1945, the United States has played a significant role in the development and promotion of international human rights law while simultaneously distancing itself from the instruments and institutions that implement this body of law. The US often claims that it does not need to bind itself to international human rights treaties because its legal system is superior to that of other nations and provides its population more protection than international law – an attitude known as ‘American exceptionalism’. Out of the nine core human rights treaties negotiated in the last several decades under the auspices of the United Nations, the United States is a party to only three: the International Convention on the Elimination of All Forms of Racial Discrimination (‘CERD’); the International Covenant on Civil and Political Rights (‘ICCPR’); and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘CAT’).

  • Rights of indigenous peoples – achievements in international law during the last quarter of a century*

  • Asbjørn Eide
  • Journal:
    Netherlands Yearbook of International Law / Volume 37 / December 2006
    Published online by Cambridge University Press:
    09 November 2007, pp. 155-212
    Print publication:
    December 2006

  • The United Nations General Assembly is faced with a draft declaration on the rights of indigenous peoples, the product of a quarter of a century of international negotiations where indigenous peoples played an important but informal role through the Working Group on Indigenous Peoples of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities. After more than a decade of haggling in the UN Commission on Human Rights, the new Human Rights Council adopted the draft Declaration in June 2006 and forwarded it to the General Assembly for final approval. Unexpectedly, the Third Committee of the Assembly deferred its adoption. The future of the declaration is now in some doubt.

    This article presents and discusses these developments, which started around 1980 and culminated with the adoption of the draft at the level of the Human Rights Council in 2006. It examines the standard-setting efforts and international jurisprudence during that period, noting that the growing awareness of the situation of indigenous peoples has led to significant legal developments at the national and international level, but that the implementation of the new legal standards is lagging seriously behind. Next, the article examines in depth the content and the controversial issues of the draft declaration, followed by an examination of the intended or potential institutional and procedural safeguards for these rights. It also examines a draft Nordic Saami convention which may become a model for the future. The concluding remarks review the achievements made over the last quarter of a century, and the prospects for amendments that may be required to achieve the final adoption of the Declaration by the General Assembly.