Reciprocity in Human Rights and Humanitarian Law

Provost, Réné

doi:10.1093/bybil/65.1.383

Cited by 32 publications

(6 citation statements)

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“…Keeping this in mind, if we analyse the main documents adopted within the CSCE/OSCE, it is possible to identify a repetition of some statements that are considered as the foundation of the co-operation and action among the states participating in the organisation. This idea has been already suggested by some authors, but mainly in relationship to the evolution of human rights standards 83 , and to the principle of a right to intervention in the internal affairs of a State, justified by the violation of those standards 84 . Our analysis will not focus on specific areas.…”

Section: Soft-law and Customary Lawmentioning

confidence: 95%

The Developing Legal Status of the Organisation for Security and Co-operation in Europe

Odello¹

2018

AEDI

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1. INTRODUCTION. 2. EXISTENCE, LEGAL PERSONALITY AND LEGAL CAPACITY OF INTERNATIONAL ORGANISATIONS. 2.1. Existence. 2.2. Legal Personality. 2.2.1. Traditional Theories on Personality. 2.2.2. New Approach to Personality. 3. THE CONSTITUTION OF THE OSCE. 3.1. International Agreement: Is There a Constitution for the OSCE? 3.1.1. Agreement. 3.1.2. Political and Legal Obligations. 3.1.3. Soft-Law and Customary Law. 3.1.4. The Content of the Constitution. 4. THE OSCE AND THE ELEMENTS OF LEGAL PERSONALITY. 4.1. Existence of Decision- making Processes. 4.2. OSCE’s Practice in the International Context. 4.3. Privileges and Immunities. 5. CONCLUSIONS.

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Section: Soft-law and Customary Lawmentioning

confidence: 95%

The Developing Legal Status of the Organisation for Security and Co-operation in Europe

Odello¹

2018

AEDI

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“…15 At the same time, human rights obligations are grounded on constitutive and substantive norms representing the adherence to a normative system, not on an exchange of rights and duties. 16 Human rights treaties, therefore, provide a comprehensive legal system for all areas of government activity. 17 In this line, the United Nations Sub-Commission on the Promotion and Protection of Human Rights has affirmed the "centrality and primacy of human rights obligations in all areas of governance and development."…”

Section: Conceptualization Of the Resource: From Commodity To Human Rmentioning

confidence: 99%

Sustainability of Integrated Water Resources Management

Setegn¹,

Donoso²

2015

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“…114 Thus, in institutionalized systems such as the United Nations, the international organization will normally be entrusted with the legal right of reacting in the name of the community to uphold the foundational principles of the international legal order. 115 The extent to which this premise holds true will however largely depend on the future organic development of the United Nations and, more broadly, on the sociological reality of the constitutional ambiente of the international community. 116 That being said, the fact that all UN member states are in possession of a legal interest in the fulfilment of erga omnes obligations relating to genocide cannot be considered sufficient ground to conclude upon the existence of an additional general and distinct interest of the United Nations itself.…”

Section: The "International Community As a Whole" Personified?: The Imentioning

confidence: 99%

A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law

Toufayan

2005

Canadian Yearbook of international Law/Annuaire canadien de dro

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SummaryDiscussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.

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Reciprocity in Human Rights and Humanitarian Law

Cited by 32 publications

References 0 publications

The Developing Legal Status of the Organisation for Security and Co-operation in Europe

The Developing Legal Status of the Organisation for Security and Co-operation in Europe

Sustainability of Integrated Water Resources Management

A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law

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