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This paper aims to investigate what human rights indicators are, and what role they play within international organizations. In particular, this paper argues that human rights indicators, far from having similar structures and posing similar problems, are created and live within frameworks, through processes, and for purposes that might significantly diverge from indicator to indicator. The central claim is that the pluralism underlying the world of human rights indicators reflects, among other things, the variable structures, objectives and modes of operation of the international organizations inhabiting that world. This paper thus explores how the massive production and extensive use of human rights indicators in recent years has not only been influenced by, but has also shaped, the missions, internal structures and operational practices of the international organizations that produce and use them. [ABSTRACT FROM AUTHOR]

The paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible 'responsibility gaps', i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility ('secondary rules') and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties ('primary rules'). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results. [ABSTRACT FROM AUTHOR]

The UNMIS Human Rights Section is called to promote respect for international human rights standards as part of a peacekeeping operation in a post-conflict society. As such, it is exposed to conflicting but equally legitimate demands from different stakeholders. To illustrate some of the dilemmas arising in practice from the tensions between these demands, the paper looks at three case studies taken from the work of the UNMIS Human Rights Section in Southern Sudan. They concern the tension between customary law and the protection of women's rights, the right to counsel in capital cases, and justice for atrocities committed during the civil war. The paper argues that, also because of the inherent fundamental contradictions in what a field presence such as the UNMIS Human Rights Section seeks to achieve, attempts to promote meaningful accountability of the field operation for the results obtained encounter significant limitations. [ABSTRACT FROM AUTHOR]

Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds. [ABSTRACT FROM AUTHOR]

Regional human rights bodies, such as the European Court of Human Rights and the Inter-American Court of Human Rights, have constituent instruments which contain clauses allowing states to leave the institution. Given that regional human rights tribunals have the power to issue rulings against states, these clauses have been relatively underused. This paper argues that this is due to the socialisation of states within regional human rights regimes. Exit clauses are a reflection of underlying political forces behind a regional human rights bodies' formation. They also play an important and under-examined role in state socialisation once a state is a member of a regional human rights body. [ABSTRACT FROM AUTHOR]

This submission challenges the presumption that UK nationals will lose EU citizenship following Brexit. Until now, the dominant narrative has been drawn from the law on treaties or international organizations, and this article adds the human rights perspective to Brexit. Firstly, EU citizenship can be assimilated to nationality. While EU citizenship is unique, the status protected under international law is a legal bond a person has with a political entity. This protection certainly covers nationality, and this paper argues it can be understood to also protect EU citizenship. Secondly, international law prohibits arbitrary withdrawal of this legal bond with a person. The UK does not have jurisdiction over EU citizenship, so it is doubtful the UK can terminate EU citizenship unilaterally. Even if the EU were to withdraw EU citizenship on its initiative, it would still constitute retroactive law, discrimination, and infringement of sovereignty. It is also disproportionate, because the loss of EU citizenship is not necessary for Brexit. When Greenland withdrew from the EU, its residents retained EU citizenship. For these reasons, the revocation of EU citizenship would be arbitrary. A distinction must be made between the membership of a state in the EU which can be terminated, and the direct legal bond formed between a person and the Union, which is far harder to revoke. On this basis, any UK national who has acquired EU citizenship prior to Brexit, should not be divested of it following Brexit. [ABSTRACT FROM AUTHOR]

Theoretical uncertainty surrounding whether and to what extent non-state actors are obligated to abide by international human rights and humanitarian norms has impacted the policies and practices of human rights field presences, including those of the United Nations. The paper presents the case of Nepal, where international organizations have been forced by circumstance to engage with a range of non-state armed groups, to illustrate how current limitations of human rights law regarding non-state actors impact the work of human rights field monitors. Drawing upon the global administrative law paradigm, it argues for the development of a 'soft law' framework governing human rights aspects of international organizations' engagement with armed groups. [ABSTRACT FROM AUTHOR]

Since the end of the Cold War, international organizations have frequently called upon their member States to respect the principles of good governance and international law. Increasingly, however, questions are raised concerning the behaviour of international organizations themselves and whether their own practice corresponds to what they expect from their member States. In other words: do organizations practise what they preach? Since many international organizations aim to promote respect for human rights and fundamental freedoms, it is reasonable to consider the extent to which these organizations respect such rights and freedoms themselves. Given the immunity of the United Nations, this paper examines some alternative legal procedures for the settlement of claims against the United Nations, taking into consideration contemporary international principles in relation to access to court, due process and reparation. It concludes with a number of recommendations. [ABSTRACT FROM AUTHOR]

The functional underpinning of institutional immunity remains crucial today in order to guarantee the independent fulfilment by the organization of its mandate. Despite this relatively firmly established principle, domestic courts and tribunals have shown in recent cases that they are very critical of the idea of the absolute character of international organization immunity, not the least in relation to the right of access to court, guaranteed inter alia by Article 6 of the European Convention on Human Rights. Belgium is host to between 50 and 100 international organizations or liaison offices of international organizations, most of which are located in Brussels. For that reason, the number of potential disputes involving an international organization in Belgium is important. This paper gives an overview of the official Belgian policy in respect of international organization immunity, and analyses relevant Belgian case-law that considers the rationale behind the grant of privileges and immunities to international organizations. It then considers the source of an international organization's immunity, the scope of that immunity, and the obligation to provide for alternative means of dispute settlement and the individual's right of access to court. [ABSTRACT FROM AUTHOR]

Austria is host state to several international organizations, and as a result the immunity of international organizations and their officials is a constant concern to the Austrian Ministry of Foreign Affairs, and from time to time this issue is considered by Austrian Courts. But who in Austria authoritatively decides on the presence of jurisdictional immunities: the judiciary or the government? What kind of acts or omissions count as a waiver of immunity, and who has the power to do just that? What is the scope of the organization's immunity ratione materiae, especially when compared to the immunity of states? What is the scope of the jurisdictional immunity of officials? And, finally, do Austrian courts balance the jurisdictional immunity of international organizations with the human right of access to courts? This paper outlines the international laws and domestic rules applicable to questions of immunity, and then analyzes eleven final judgments from Austrian courts that deal with the immunity of international organizations and their officials. It concludes with a brief evaluation of the scope of the immunity of international organizations and their officials in light of the Austrian legal order. [ABSTRACT FROM AUTHOR]

Several important legal features of the contemporary practice of international organizations (IOs) are not easily accommodated in standard approaches to international organizations law. This article argues that Global Administrative Law (GAL) approaches may strengthen analysis of operational issues such as emergency actions by IOs and the human rights implications of IO activities, structural issues such as the involvement of IOs in field missions and in public-private partnerships, and normative issues concerning the production and effects of non-treaty regulatory instruments by IOs (guidelines, best practices, national policy assessments, and other documents rather amorphously analyzed under the 'soft law' rubric). In examining these activities as forms of administration (broadly understood), subject to precepts of good administration and legal standards concerning transparency, participation, reason-giving, review, and accountability, a GAL perspective provides a basis both for critique of problematic practices, and for increasing the effectiveness and legitimacy of some beneficial IO activities which are contentious or currently not undertaken. GAL also responds to the proliferation and differentiation of IOs and other entities in global governance through applying legal standards to their interactions, bringing a principled 'inter-public' approach to the legal relations among global public entities. GAL provides a valuable, and thus far overly neglected, addition to the field of international institutional law. [ABSTRACT FROM AUTHOR]

The International Labour Organization has confronted several governance challenges in the wake of the COVID-19 pandemic. This article looks at the impact of the pandemic on both the internal operations of this unique tripartite UN Specialized Agency and on the ILO's substantive work on labour market and social protection governance. It explores how international labour standards and their monitoring offer human rights pointers for addressing the crisis. The article highlights interaction (not always coherent) between the ILO and other organizations in connection with COVID-19 and economic recovery. It foreshadows initiatives on how to 'build back better,' with the ILO again seeking a strengthened multilateral role in support of its social justice mandate, as informed by resolutions adopted by the International Labour Conference. The article also touches on the pandemic's impact on the functioning of the ILO Administrative Tribunal, which adjudicates employment disputes for many international organizations. [ABSTRACT FROM AUTHOR]

In August 2019 South Africa withdrew its signature from the Protocol on SADC Tribunal signed in 2014 by 9 SADC Member States. This decision was adopted in compliance with the judgment of the South African High Court as confirmed by the Constitutional Court which ruled that the participation of the President in the decision to suspend the SADC Tribunal, as well as his signature of the 2014 Protocol were unconstitutional, unlawful and irrational. These rulings are particularly ground-breaking in light of the conclusions they reached and raised some interesting implications under international law. [ABSTRACT FROM AUTHOR]

Whilst most legal scholarship focuses on the responsibility of the United Nations for human rights violations few studies have ascertained the legal basis of the primary rules leading to such responsibility. This article fills this gap by reviewing the theories used to bind the UN to customary human rights law: (1) the UN has inherited its member states' obligations, (2) participation in the formation of customary human rights law implies being bound by it, (3) the UN is bound by international law because it has legal personality and (4) as the UN is embedded in international law it must comply with its norms. Such theories are further tested against the backdrop of international organizations' theories. The article draws the conclusion that (1) should be rejected, (2) is not yet legally sound and (3)-(4), despite their flaws, are more persuasive. Ultimately, recourse must be had to general international law. [ABSTRACT FROM AUTHOR]

Interactions between international organizations ('IOs') are a ubiquitous and multifaceted phenomenon in global governance, with labour governance being an important field of reference. Such inter-organizational interactions, defined as intended or accidental influence between IOs, can considerably affect the way in which the interacting IOs execute their respective mandates. Depending on the situation, inter-organizational interactions can increase IOs' outreach and impact, but they can also dilute, divert or thwart their activities and their functioning. Against this background, it is surprising that international legal scholarship has so far shown little interest in the legal dimensions of inter-organizational interactions. In consequence, many central aspects of the law governing such interactions still lay obscure. This article argues that there is a need for international lawyers to examine the phenomenon and the legal implications of inter-organizational interactions in a systematic manner. Using interactions between the International Labour Organization and the UN, the International Maritime Organization, the World Bank and the European Court of Human Rights as examples, this article explores the phenomenon of inter-organizational interactions, extrapolates these interactions' variety, impact and normative ambivalence, and develops a legal scholarly perspective on them. In doing so, the article expounds the research agenda for a systematic legal analysis of inter-organizational interactions in labour governance and beyond. [ABSTRACT FROM AUTHOR]

We have witnessed fundamental changes both domestically and internationally due to globalisation and free trade. Multinational enterprises ('MNEs') are at the forefront of these changes. While states in the Global North have benefited broadly from the opportunities offered by free international trade, developing countries in the southern hemisphere have often suffered from the negative impacts of globalisation, notably, serious violations of human rights and working conditions. In order to avoid these adverse side effects, increasing international attention has been devoted to the human rights obligations of corporations over the last 30 years. Particularly useful are the OECD Guidelines for Multinational Enterprises – the only instrument of corporate responsibility formally adopted by governments with a built-in grievance mechanism. As this analysis will show, these Guidelines can have a measurable impact – beyond the traditional categories of soft law and binding state law. In this article, possibilities for innovative national regulatory practice will be considered and light will be shed on the technique of 'social linkage', particularly on public procurement law with its unique mechanisms for social considerations. All these mechanisms lead to more coherence in international law and can be used to strengthen the impact of the OECD Guidelines. [ABSTRACT FROM AUTHOR]

Among international criminal tribunals ('ICTs'), the International Criminal Court ('ICC') for the first time introduced victim participation and reparations for victims. Against potential African withdrawals from the ICC Statute , this article seeks to demonstrate the need to retain membership of the ICC under victim-oriented considerations. Despite its deficits and limitations, the ICC is arguably an important judicial forum for victims of mass atrocities committed in Africa for three arguments. First, human rights are invoked as a standard to examine the legitimacy of the decisions of the ICC, African Union ('AU'), and African states. Second, international and African regional human rights law on victim rights binds African states. Third, since AU regional criminal justice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the ICC. [ABSTRACT FROM AUTHOR]

This article complements the doctrine of termination of membership by arguing that at times international organizations ('IOs') can still exert considerable normative effects on states that withdraw or express the intent to withdraw from them. We capture this continuing influence, which can collide with the exiting state's intended goal of regaining control over specific issues, with a theoretical framework based on juridification as a socio-legal concept of systems theory in the international legal context. The aim is to explain the endogenous process of legal growth within the IO via bureaucratisation and expert rule, which eventually affects the norms of the wider legal regime where the IO operates. With three case studies of IO exits, we illustrate the continuation of normative structures promoted directly or indirectly by the IO, according to two legal techniques of juridification: third-party interpretation on the one hand, and the extended reach of norms and processes through the work of non-state actors on the other. Overall, widening the theoretical perspective on state exits under systems theory can lead to more complete judgements on the tensions between domestic and supranational systems in the expansion of global normative regimes. [ABSTRACT FROM AUTHOR]

This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court ('ICC'), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation of an International Criminal Law Section to the African Court of Justice and Human Rights and questions whether it offers any added value. The article concludes with suggesting the setting up of ICC regional/circuit chambers, each dealing with a specific continent/region, as a means to restructure the ICC, to make it more relevant to its users, namely the contracting parties to the Rome Statute, and to allay fears of politically motivated prosecutions. [ABSTRACT FROM AUTHOR]

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as 'truth' particular worldviews or values. It describes the stakes of this process through elaborating on the concept of 'indicatorization', focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations. [ABSTRACT FROM AUTHOR]

The present article analyzes the African Court of Justice and Human Rights, the proposed "main judicial organ of the African Union". The African Court of Justice and Human Rights is meant to replace the African Court of Human and Peoples' Rights and would therefore constitute a unique international judicial body combining the jurisdiction of the judicial organ of an intergovernmental organization with the jurisdiction of a regional human rights court. It shares features of the International Court of Justice and the Inter-American Court of Human Rights. In a highly contentious move detrimental to the role of the International Criminal Court, it is currently proposed to extend its jurisdiction over international crimes, the definition of which goes much further than that currently accepted by the international community, raising the prospect of conflicting obligations. The Court's governing instruments are too ambirious and contain some significant Haws and the case for doing away with the now operational African Court of Human Rights and Peoples' Rights seems unconvincing. Even though the Court has not yet been established, its structure and mandate do pose many challenging questions that deserve to be thoroughly invesrigated by drawing comparisons with the existing similar judicial organs in other international organizations. [ABSTRACT FROM AUTHOR]

Since its formation in 1945, UNESCO has established itself at the centre of the international debate on culture. In general, the forum has been a progressive force in the development of cultural policy. However, in spite of what has been a successful tenure by the body, its efforts are hampered by an unclear portrayal of culture. The research asks if the situation is compatible with the principle of legal clarity. Focusing on the protection of cultural identity, the research takes the form of an historical study of UNESCO's work on culture. The research also explores the implications of the situation for international human rights law. [ABSTRACT FROM AUTHOR]

This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility in connection with' acts of States, which it had already included in its Articles on State Responsibility (ASR), and more in particular through article 17 on 'circumvention'. Focusing primarily on this provision, we argue that the attempt to address this particular type of responsibility forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, thereby exposing certain ambiguities in the foundations of the law of international responsibility. [ABSTRACT FROM AUTHOR]

The impact of Interpol's work on the lives of private individuals has come under increased human rights criticism and scrutiny of late. In response, Interpol has strengthened the position of the Commission for the Control of Interpol's Files as an independent, remedial body. The Commission has been charged with the task of ensuring that Interpol meets its human rights obligations, particularly the right to an adequate and effective remedy. This article charts the Commission's historical evolution and critically situates it within Interpol's institutional landscape, with a view to assessing the scope and limits of the Commission's powers. While its status as an independent, remedial body has indeed been strengthened, a holistic appraisal of the Commission's powers against rapidly crystallizing standards of IO accountability highlights a number of shortcomings and the need for further steps to be taken. [ABSTRACT FROM AUTHOR]

This article is written as an effort to escape the dialogue of the deaf between those who believe that international law can do no wrong in the war on terrorism and those who argue its utter irrelevance. It argues that international law can be seen as a tool for governance of the suspended space between war and peace, characteristic of the so-called war on terror. Through the case of the terrorist blacklist administrated by the UN's 1267 Committee, it shows how administrative law, and not the law of war, is the paradigm of the international legal order within antiterrorist policy. International law, then, is not to be read as a matter of rights, but as a legal form, which features independent agency. It is in the legal form and its design, and not in the current obsession with compliance, where the possibilities of resistance in this new time exist. [ABSTRACT FROM AUTHOR]

The article discusses the comments on the legal opinions laid down by the Office of Legal Affairs of the United Nations (UN). Several opinions on various aspects concerning legal affairs including legal status of UN in United States, Legal Counsel's statement during the debate on "Strengthening International Law" and implications of articles with reference to Human Rights are also discussed.

The article discusses the proposals put forward by the Heads of State and Government of the United Nations Member States. Implementation of fair and clear procedures for listing and delisting of individuals and entities on sanctions lists is focussed. The article also presents details of the study including committees, periodical reviews and UN Security Council obligations to comply with fair and clear procedures while dealing with individuals targeted with sanctions.