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  • 6 - Lawmaking without Governments?

  • Nina Reiners, Universität Potsdam, Germany
  • Book:
    Transnational Lawmaking Coalitions for Human Rights
    Published online:
    25 November 2021
    Print publication:
    02 December 2021, pp 116-130

  • Summary

    Chapter 6 addresses the absence of the state from the procedures described throughout the book with a forward-looking eye on the TLC and the present status of the human rights regime. On the TLC, this chapter advances the argument such coalitions are in no way to be seen as a mode of international lawmaking without governments, as states, in their status as the treaty body system’s ultimate arbiters, have ample opportunities to mold the system to their liking – by way of, for example, elections, ratifications, budget, willingness to participate in the procedures, and compliance with their obligations. Indeed the Treaty Body Reform 2020 initiative reflects their awareness of autonomy of the treaty bodies themselves. With it likely that states cannot enact this reformation while also maintaining presence in the human rights regime, it will be crucial to see how this conflict plays out in the future.