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1 results

  • 8 - Non-judicial Control Mechanisms

  • Antal Berkes, Brunel University
  • Book:
    International Human Rights Law Beyond State Territorial Control
    Published online:
    16 June 2021
    Print publication:
    17 June 2021, pp 307-322

  • Summary

    Non-judicial control mechanisms are international monitoring proceedings where the monitoring body has no competence to give opinions on individual petitions. Non-judicial control mechanisms are not characterised by the systemic deficiencies of judicial mechanisms that hinder their availability for individuals. Their procedure is more flexible and open ratione personae to address recommendations to States and non-state actors involved in the territorial situation. The chapter claims that non-judicial control mechanisms can establish a constructive dialogue with States and non-State actors controlling territory and follow a holistic approach, monitoring the conduct of all international law subjects implicated in the area.