The Human Rights Obligations of Non-state Actors

Abstract

Contents of Cases xv TO of Treaties, Legislation, and other Relevant Instruments xxiv f^able of Abbreviations xxx 2 Thinking Responsibly about the Subject of Subjects 2.1 Subjects as Prisoners of Doctrine 2.2 The Reparations for Injuries Opinion, the United Nations, and UN Agencies 2.3 Certain Non-Universal Inter-Governmental Organizations 2.4 Acquiring Rights and Duties through Capacity rather than Subjectivity 2.5 Rights without Remedies-Duties without Jurisdictions 2.6 The International Committee of the Red Cross 76 2.7 The Legal Subjectivity of Transnational Corporations 76 2.8 International Capacity Derived from the Rights of Non-State Actors to Complain to International Instances under Treaty Law 81 2.9 Final Remarks on the International Law Obligations of Non-State Actors 82 viii Contents 3 Characteristics of International Human Rights Law 85 3.1 Customary International Law 85 3.2 Jus Cogens or Peremptory Norms of International Law 87 3.3 Human Rights Treaties 91 3.4 International Crimes 94 3.5 Erga Omnes Obligations 96 3.6 Universal Standards 99 3.7 Recategorization of Human Rights Violations and Hybrid Types of Obligation 100 4 The United Nations 109 4.1 The United Nations Organization 110 4.1.1 Obligations on the UN and Other Entities Engaged in Armed Conflict, Multilateral Peace-Keeping, and Peace-Enforcement Operations 110 4.1.2 Claims against UN Peace Operations 4.1.3 The Principles and Spirit of General Conventions Applicable to the Conduct of Military Personnel 4.1.4 UN Human Rights Obligations and the Issue of Discrimination in Employment 4.1.5 UNMIK in Kosovo and the Issue of UN Administration of Territory 4.1.6 Action by the UN Security Council 4.1.7 Summary of Legal Issues Related to the Human Rights Obligations of the United Nations 4.2 The Obligations of the United Nations' International Financial Institutions 137 4.2.1 The Legal Arguments over Human Rights at the World Bank and the IMF 4.2.2 The 2001 Opinion of the IMF General Counsel 4.2.3 The Content of the Human Rights Obligations of the International Financial Institutions 4.2.4 The World Bank's Operational Standards and the Inspection Panel 4.2.5 The World Bank Inspection Panel and the Chad Pipeline Report 4.2.6 International Investment Protection through ICSID at the World Bank 4.2.7 Summary Conclusion Regarding the World Bank and the IMF 5 The World Trade Organization and the European Union 5.1 The World Trade Organization 5.1.1 Decisions by the Panels and Appellate Body