1

Unit-III
THEORIES AND PERSPECTIVES OF UN LAWS – UN AGENCIES

TO MONITOR AND COMPLIANCE

 3
Introduction

 The General Assembly adopted of the Universal Declaration of Human Rights on 10 December 1948.
 Two main categories of human rights, namely: civil and political rights [Articles 3 to 21] and economic, social and
cultural rights [Articles 22 to 27].
 Many laymen imagine that States are under a legal obligation to respect the rights listed in the UDHR. But it is
not so.
 As it is not a treaty, the Declaration as such is not legally binding.
 It is simply a list of human rights which member states ‘pledge’ themselves to promote the state protection.
 In spite of its limitations, the Declaration is of great importance in stimulating and promoting the international
protection of human rights.
 It has impact in shaping subsequent treaties on human rights, and upon the content of the constitutions of new
States.
 As UDHR is not legally binding, States strived for adopting binding international conventions on human rights.
 4
International Human Rights Law

 The formal expression of inherent human rights is through international human rights law. A series of
international human rights treaties and other instruments have emerged since 1945 conferring legal form
on inherent human rights.International human rights law consists mainly of treaties and customs as well
as, declarations, guidelines and principles. International law is a primary concern of the United Nations.
The third preamble paragraph of the UN Charter states as a key goal of the organization "to
establish conditions under which justice and respect for the obligations arising from treaties and
other sources of international law can be maintained". The Statute of the International Court of
Justice is an integral part of the Charter, and the ICJ is a principal organ of the UN. Sources of
international law have been influenced by a range of political and legal theories. During the 20th century,
it was recognized by legal positivists that a sovereign state could limit its authority to act by consenting to
an agreement according to the contract principle. This consensual view of international law was reflected
in the 1920 Statute of the Permanent Court of International Justice and remains preserved in Article 7 of
the ICJ Statute.
 5
The sources of international law applied by the community of nations are listed under Article 38 of the Statute of
the International Court of Justice, which is considered authoritative in this regard:
• International treaties and conventions.
• International custom as derived from the "general practice" of states; and
• General legal principles "recognized by civilized nations".
 6
Why International Laws?

There is a comprehensive regime dealing with group rights, the treatment of aliens, the rights of refugees,
international crimes, nationality problems and human rights generally. It further includes the important functions of
the maintenance of international peace and security, arms control, the pacific settlement of disputes and the
regulation of the use of force in international relations.
International law is also used to govern issues relating to the global environment, the global commons such as
• International waters
• Outer space,
• Global communications
• World trade.
 7
International legal theories

 International legal theory comprises a variety of theoretical and methodological approaches used to explain
and analyse the content, formation and effectiveness of public international law and institutions and to suggest
improvements. Some approaches center on the question of compliance: why states follow international norms
in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the
formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom
of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate
theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve
them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others
have been developed expressly to analyse international law.
 8
Classical approaches to international law

✓ Natural law
✓ Eclectic or Grotian approach
✓ Legal positivism
 9
Classical approaches to international law - Natural law

 According to natural law theory, all people have inherent rights, conferred not by act of legislation but by
"God, nature, or reason.“
 There are two “natural law” theories about two different things: i) a natural law theory of morality, or what’s
right and wrong, and ii) a natural law theory of positive law, or what’s legal and illegal. The two theories are
independent of each other: it’s perfectly consistent to accept one but reject the other.
 Legal systems have a function—to secure justice. Grossly unjust laws (e.g. “White people may own Black
people as slaves,” “women may not own property or vote”) are not really laws at all, but a perversion of law or
mere violence. As St. Augustine put it, lex injustia non est lex. Aquinas’s way of stating this point: positive law
has as its purpose the common good of the community. Any positive law which conflicts/is inconsistent with
either natural law or divine law is not really law at all. Hence, not only is there no moral obligation to obey it,
but there is no legal obligation to obey it, either. Augustine, Aquinas,and Martin Luther King are supporters of
this view.
 Many early international legal theorists were concerned with axiomatic truths thought to be reposed in natural
law. 16th century natural law writer, Francisco de Vitoria, a professor of theology at the University
of Salamanca, examined the questions of the just war, the Spanish authority in the Americas, and the rights
of the Native American people.
 Classical approaches to international law - 10
Eclectic or Grotian approach

In 1625 Hugo Grotius argued that nations as well as persons ought to be governed by universal principle
based on morality and divine justice while the relations among polities ought to be governed by the law of
peoples, the jus gentium (Latin for "law of nations"), established by the consent of the community of nations
on the basis of the principle of pacta sunt servanda Latin for "agreements must be kept", that is, on the basis
of the observance of commitments. Emmerich de Vattel argued instead for the equality of states as
articulated by 18th century natural law and suggested that the law of nations was composed of custom and
law on the one hand, and natural law on the other. During the 17th century, the basic principles of the
Grotian or eclectic school, especially the doctrines of legal equality, territorial sovereignty, and independence
of states, became the fundamental principles of the European political and legal system and were enshrined
in the 1648 Peace of Westphalia
 Classical approaches to international law - 11
Legal positivism

 The early positivist school emphasized the importance of custom and treaties as sources of international law.
16th century Alberico Gentili used historical examples to posit that positive law (jus voluntarium) was
determined by general consent .Cornelius van By nkershoek asserted that the bases of international law were
customs and treaties commonly consented to by various states, while John Jacob Moser emphasized the
importance of state practice in international law. The positivism school narrowed the range of international
practice that might qualify as law, favoring rationality over morality and ethics. The 1815 Congress of
Vienna marked the formal recognition of the political and international legal system based on the conditions of
Europe.
 Modern legal positivists consider international law as a unified system of rules that emanates from the states'
will. International law, as it is, is an "objective" reality that needs to be distinguished from law "as it should be."
Classic positivism demands rigorous tests for legal validity and it deems irrelevant all extralegal arguments.
 International relations – international law 12
approaches

 Legal scholars have drawn from the four main schools of thought in the areas of political
science and international relations: realism, liberalism, institutionalism, and constructivism to examine,
through an interdisciplinary approach, the content of legal rules and institutions, to explain why and how
legal institutions came to be and why they are effective. These methods have led some scholars to
reconceptualize international law in general
 International relations – international law 13

approaches - Realism
Realism focuses on state security and power above all. Early realists such as E. H. Carr and Hans Morgenthau argued that
states are self-interested, power-seeking rational actors, who seek to maximize their security and chances of survival.
Cooperation between states is a way to maximize each individual state's security. Similarly, any act of war must be based on
self-interest, rather than on idealism.
According to Realist legal scholars, states adopt only international legal norms that either enhance their power, formalize
the subordination of weaker states, or that they intend to violate deliberately to their own advantage. International Law may
thus address only peripheral matters that do not impact the states´ power or autonomy. Consequently, for realists,
international law is a "tenuous net of breakable obligations"
Within the Realist approach, some scholars have proposed an "enforcement theory" according to which international
legal norms are effective when they "publicize clear rules, enhance monitoring of compliance, and institutionalize collective
procedures for punishing violations, thereby enhancing to prevent the threat of a stable balance of power." Thus, the role of
reciprocity and sanctions is underlined. Morrow, for instance, notes that:
International politics in modern times generally recognizes no authority above the nation-state. Agreements among
states are enforceable only by the agreeing states themselves. This assumption of anarchy poses a paradox for agreements
to limit violence during wartime. Reciprocity serves as the main tool to enforce agreements in international politics.
Enforcement of an agreement is devolved to the parties themselves. Damaged parties have the option to respond with
retaliatory sanctions to a violation of an agreement. The threat of reciprocal sanctions may be sufficient to deter violations,
and so agreements can be enforced in international politics.
 International relations – international law 14
approaches - Liberalism
According to liberalism, individuals are basically good and capable of meaningful cooperation to promote positive change.
Liberalism views states, nongovernmental organizations, and intergovernmental organizations as key actors in the
international system.
Based on the Liberal international relations theory, some scholars argue that the states’ conduct towards international law is
determined by their domestic politics and, in particular, by the aggregation of the preferences of key domestic individuals
and groups toward the rule of law. Thus, democratic states, having a representative government, are more likely than non-
democratic states to accept the legal regulation of both domestic and international politics, and more likely to accept and
observe international law. Furthermore, democratic societies are linked by a complex net of interstate, transnational and
trans governmental relations so that both their foreign policy bureaucracies and their civil societies are interested in
promoting and strengthening transnational cooperation through the creation and observance of international legal norms.
Hence, the adoption of and the compliance with international legal norms among democratic states should be easier and
more peaceful than the observance of international law among non-democratic states. In this regard, Slaughter notes that:
Agreements concluded among liberal States are more likely to be concluded in an atmosphere of mutual trust, a
precondition that will facilitate any kind of enforcement. In particular, however, the assumptions that these are agreements
reached with the participation of a network of individuals and groups in the participating States, and that these States are
committed to the rule of law enforced by national judiciaries should lead to more 'vertical' enforcement through domestic
courts. This mode of enforcement contrasts with the traditional 'horizontal' mode involving State responsibility, reciprocity,
and counter measures.
M.R.Faridha Banu/AP-EEE/SJIT
 International relations – international law 15
approaches - Rational choice and game
theory
Rational choice theory is the view that people behave as they do because they believe that performing their
chosen actions has more benefits than costs. That is, people make rational choices based on their goals,
and those choices govern their behavior. Some sociologists use rational choice theory to explain social
change. According to them, social change occurs because individuals have made rational choices.
This approach to law applies theories of economics to identify the legal implications of maximizing behavior
inside and outside of markets.
Economic theories are also used to propose changes in the law. This approach urges the adoption of laws
that maximize wealth. Potential application of this approach would begin with a text-based interpretation. A
secondary concern is whether or not an actual "market" context is functioning well. Thirdly, ways to improve
the imperfect market are proposed. This approach could be used to analyze general legal questions,
because this approach provides highly specified rules and provides the rationale for using them.
 International relations – international law 16
approaches - International legal process

The classic International Legal Process is the method of studying how international law is practically applied to, and functions
within international policy, as well as the study of how international law can be improved. "It concentrates not so much on the
exposition of rules and their content as on how international legal rules are actually used by the makers of foreign policy".
ILP was developed in response to the "realists from the discipline of international relations", who realized with the beginning of
the Cold War how little international law played a role in international affairs.
ILP was made a legitimate theory in the 1968 casebook International Legal Process, by Chayes, Ehrlich and Lowenfeld, in which
the American legal process method was adapted to create an international legal process.
ILP describes the way international legal processes work, and the formal and informal ways that foreign offices incorporate
international law. ILP also measures the extent to which individuals are held accountable for abuses in international conflicts.
While ILP recognizes that international law does not force decision makers' actions, it suggests that international law serves as a
justification, constraint, and organizing device. Criticism of ILP's lack of normative qualities in its method resulted in the
emergence of a new ILP.
The New International Legal Process (NLP) incorporates both law as a process and as the values of each society respectively.
Unlike the American Legal System, it considers normative values other than democracy, such as “feminism, republicanism, law
and economics, liberalism as well as human rights, peace and protection to the environment." The NLP is unique in its flexibility in
adapting to the evolution of values. This component of the method is important to resolve the changing of legal standards over
time. The NLP shows its true departure from the ILP by addressing what happens in the situation of conflict, as well as what
should be happening.
 17
Policy oriented perspectives

 New Haven School

 Critical Legal Studies
 Central case approach
 Feminist legal theory
 LGBT legal theory
 International law in ancient Rome
 Third World Approaches to International Law
 Policy oriented perspectives - New 18
Haven School

New Haven approach, is a contemporary theoretical and methodological approach to analyzing public
international law through a policy-oriented perspective. This approach was founded by the Yale Law School
faculty in the 1960s and proposes international law as the jurisprudence of social choices, which is applied
to analyze various decision-making processes. The goal of the New Haven approach is to understand
international law as a social process that aims at drafting minimum world public order based on the shared
values of the international community. The New Haven approach was historically inspired by the tradition of
legal realism and sociological jurisprudence. Its main features involve a focus on values, an appreciation for
cultural diversity, and broad applicability to various fields and issues. While the New Haven approach suffers
from several criticisms, it manages to retain enduring attractiveness due to its flexibility and efficacy in
addressing policy issues.
 Policy oriented perspectives - Critical 19
Legal Studies

CLS inherits much from realism but infuses realism with a Left politics and a strong critique of Liberalism
.CLS sees law as ideological – it caters to and legitimates established social and economic interests. It takes
the message of Realism – that law is politics – seriously and to its more radical conclusion. As such it has
helped to inform feminist legal theory and critical race theory of law.However CLS, while strong in the
second half of the 20th century has lost influence over the last two decades. According to CLS, law is an
instrument for advancing political ends, political goals, however these goals are bound up with protecting
and preserving an unjust status quo
 Policy oriented perspectives - Central 20
case approach

The central case approach is a method of looking at human rights situations. This approach recognizes the existence of certain
universal rights. It begins analyzing a human rights issue by constructing a hypothetical ideal situation in which those rights are
applied, a standard against which to compare an actual situation. The central case approach then investigates to what extent, and
in what ways the actual situation deviates from the ideal (or the central case).The central case approach allows for more
complexity than the traditional binary method of analysis. In binary terms, human rights are simply violated, or they are upheld.
This does not allow for degrees of severity of a human rights violation, which creates a deceptively simplistic view of a situation.
John Finnis developed the concept of a central case as it applied to assessing legal systems; Tai-Heng Cheng was the first to
apply it to human rights. If used by decision-makers, the central case approach could be effective in preventing human rights
abuses. It takes into account a society's political and social situations in addition to specific human rights abuses. This enables it
to detect trends of human rights abuses, and the reasons behind these trends. The depth of a central case analysis exposes the
different degrees of human rights abuses that occur, allowing policy makers to focus on the most severe cases and patterns of
abuse with more urgency. The central case approach provides an accurate and flexible picture of situations that are in a state of
change. Whereas a binary appraisal would conclude whether a human right had been violated at one point in time, the central
case approach can detect shifting political and social conditions and patterns that give a more nuanced view of the state of human
rights
 Policy oriented perspectives - Feminist 21
legal theory

Feminist legal theory critiques current legal vocabulary and practice by arguing it is patriarchal, presenting
men as the norm and women as a deviation from the norm. Feminist theorists propose to change legal
language to make it more inclusive of women, or to rethink law completely, so it is possible to promote
broader social goals of justice and equality. Feminist methods seek to expose the biases from which
international law is written and particularly the notion that women are more vulnerable than men and need
special protection under the law. Feminist theorist Hilary Charlesworth criticizes the dialogue of women as
victims in need of protection from both men and international law. Additionally, she argues that the irony
of the dominant language is that while it aims to especially protect women, the emphasis is on the
protection of her honor and not on the protection of her social, cultural and economic rights.
 Policy oriented perspectives - LGBT 22
legal theory

Lesbian, Gay, Bisexual, and Transgender/Transsexual (LGBT) International Law Theory is a critical school of thought that continues
to develop as the shortcomings of international law are realized, in regard to the integration of queer theory into international law
theory. While human rights conventions have recently begun to generalize in regard to equality and its recipients, in the past, any
discussions of sexual orientation and gender identity have gone largely untouched. The movement of LGBT International Law
Theory centres on the inclusion and awareness of LGBT rights (and protection of persons), as well as the integration of queer
theory within the realm of international law.
As LGBT theory has become more prominent in scholarly works, international courts and international law organizations
(particularly the European Union Council and the United Nations) have considered workplace discrimination on the basis of
sexuality, issues stemming from the definition of family in regard to homosexual unions, the position of transsexuals in the
question of sexual orientation, the need for recognition of LGBT rights in regard to general health advocacy and the HIV/AIDS
crisis, the inclusion of and LGBT advocacy group within the UN (with advisor status), and the ongoing active persecution of people
engaging in homosexual acts, among other issues. According to scholar Nancy Levit, the challenges for gay legal theory are
twofold: to move away from the frailties of both formal equality and antisubordination theories, and to develop ways of
representing sexual minorities that will make them more acceptable, if not valuable, in a broader cultural context, that is the
critical body of LGBT International Law Theory
 Policy oriented perspectives - 23
International law in ancient Rome

The idea of international law in Roman times is a complicated one. For, not only does the Roman Republic
and following empire itself dominate a long period of time in history, but also the very debate over whether
or not the term "international law" is an applicable term is not yet decided. Many scholars and authors
define international law as "the law governing relations between sovereign, territorial states." Any attempt to
find a similar parallel in Roman law would find a logical starting point in the gentium (the laws of nations).
The gentium began as a Roman recognition of like legal practices and institutions (such as slavery) that was
found at that time in most states. This brand of law was in fact private law in itself and mainly dictated the
way in which the Roman state was to deal with individual foreigners, not entire states. However, when
citizenship was granted to all free men in the empire in 212 A.D. The gentium ceased to cling to its original
definition and instead was applied to states as a whole. Some semblance of modern international law can
therefore be found in this shift. The actual extent of these origins and their relevance to modern law is a
topic that has not yet been approached in any depth.
 Policy oriented perspectives - Third 24
World

Third World Approaches to International Law (TWAIL) is a critical approach to international law that is not a
"method" in the strict sense of questioning "what the law is". Rather, it is an approach to law that is unified by a
particular set of concerns and analytical tools with which to explore them. It is an approach that draws primarily
from the history of the encounter between international law and colonized peoples. TWAIL shares many concepts
with post-colonial studies, feminist theory, Critical legal studies, Marxist theory and critical race theory. TWAIL
scholarship prioritizes in its study the power dynamic between the First World and Third World and the role of
international law in legitimizing the subjugation and oppression of Third World peoples. TWAIL scholars try to
avoid presenting the "Third World" as a unified, coherent place but rather use the term to indicate peoples who
have the shared experience of underdevelopment and marginalization.
Contemporary TWAIL scholarship has it origins in works of jurists such as B. S. Chimni, Georges Abi-Saab, F.
Garcia-Amador R.P. Anand, Mohammed Bedjaoui, and Taslim O. Elias. Over the years, several Western scholars
have been sympathetic to the Third World's position and made important contributions to this body of scholarship,
and these include, scholars such as C.H. Alexandrowicz, Richard Falk, Nico Schrijver and PJ.I.M. de Waart. David
Kennedy and Martti Koskenniemi have also contributed support in their own work. TWAIL as a loose network of
scholars has had several conferences thus far.
 25
Types of International Laws

There are following two major kinds of international law;

1. Private International Law, and
2. Public International Law.
3. Supranatural Law
 26
Types of International Laws - Public
International Law

The term Public International Law may be defined as under:

“ A body of legal rules which regulates the relation of states inter se as well as their
relations with other non-state entities is said to be Public International law.”
Explanation: - From the above definition it may be concluded that Public International law is a
set of legal rules which not only regulates the relations between the Nation States but also
regulates their relations with other non-state entities. In other words it is a body of rules which
regulates the relationship of the international actors with each other. These international actors
may be given as under:
States, individuals, NGO’s, IGO’s, Multi-National Corporations and Movements.
 27
Types of International Laws - Private
International Law

The term private International law may be defined as under:

“ That branch of International law which determines that which law is to be applied to a
specific case containing a foreign element is called Private International law.”
Explanation: - From the above definition it is evident that private international law is to regulate
those cases where a foreign element involves in the matter and the difficulty arose that which law
shall be applicable to the case, in other words when it becomes difficult for a domestic court that
the law of which state shall be applicable to a certain case because the case contains an element
of a foreign state/states law. In such a case private international law comes to help because it
determines that which law shall be applicable to a certain case.
 28
Types of International Laws -
Supranational law

Supranational law refers to the situation wherein nations surrender to the court their right to make certain
judicial decisions. The decisions made by a court appointed by supranational law take priority over the
decisions that are made by national courts. An example of international law that follows the rules of
supranational law is that which is represented by the European Union (“EU”), They have the ability to
enforce legal norms against and for member states and citizens, in a way that public international law does
not
 29
Perspectives of UN laws

Introduction
The current scientific debate about the universality of human rights can be
structured into a horizontal and a vertical dimension. the horizontal
dimension is about the different ways one can approach the topic “human
rights” from different disciplines, Whereas the vertical dimension is dealing
with the fundamental question whether human rights are universal or
particularistic.
 30
Perspectives of UN laws - Contd

The horizontal dimension is about the different ways one can approach the topic “human
rights” from different disciplines. It is threefold, consisting of the moral question about its
normative ideals, the political endorsement of a concrete conception of human rights and
its legal implementation (including the actual enforcement on the ground). The vertical
dimension adds a second layer to the horizontal dimension by asking for the scope of
application of human rights in different cultures. It consequently is concerned with the
fundamental question whether human rights are universal or particularistic. All horizontal
perspectives of human rights research raise different questions concerning the vertical
division between universal and particularistic approaches.
 31

UN Agencies to monitor and

compliance
 32
UN agencies - Introduction

 The UN not only focuses on peace but also aims at promoting sustainable development, upholding international laws
and protecting human rights. Due to the powers vested in its Charter and its unique international character, the United
Nations can take action on the issues confronting humanity in the 21st century, such as:

 Peace and security ,Climate change, Sustainable development, Human rights, Disarmament, Terrorism, Humanitarian
and health emergencies, Gender equality, Governance, Food production etc.

 There are 14 UN agencies

 33
International Telecommunication Union (ITU)

 Established in: 1865

 Headquarters: Geneva

 Purpose: Sets international regulations for radio telegraph, telephone and space radio communications.

 The International Telecommunication Union (ITU) was established to standardize and regulate international radio and
telecommunications. It was founded as the International Telegraph Union in Paris on 17 May 1865. Its main tasks include
standardization, allocation of the radio spectrum, and organizing interconnection arrangements between different countries to
allow international phone calls — in which regard it performs for telecommunications a similar function to what the UPU
performs for postal services. It has its headquarters in Geneva, Switzerland, next to the main United Nations campus.
 34
International Labour Organization (ILO)

 Established in: 1919

 Headquarters: Geneva

 Purpose: To improve conditions and living standards of workers.

 The International Labour Organization (ILO) deals with labour issues. Its headquarters are in Geneva, Switzerland.
Founded in 1919, it was formed through the negotiations of the Treaty of Versailles and was initially an agency of the
League of Nations. It became a member of the UN system after the demise of the League and the formation of the UN
at the end of World War II. Its Constitution, as amended to date, includes the Declaration of Philadelphia on the aims
and purposes of the Organization. Its secretariat is known as the International Labour Office.
 35
International Monetary Fund (IMF)

 Established in: 1945

 Headquarters: Washington DC

 Purpose: Promotes international monetary cooperation.

 International Monetary Fund (IMF) is part of the United Nations system and has a formal relationship agreement
with the UN, but retains its independence.The IMF provides monetary cooperation and financial stability and acts
as a forum for advice, negotiation and assistance on financial issues. It is headquartered in Washington D.C.,
United States of America.
 36
United Nations International Children’s Emergency Fund (UNICEF)

 Established in: 1945

 Headquarters: New York

 Purpose: To promote children’s welfare all over the world.

 UNICEF's programs emphasize developing community-level services to promote the health and
well-being of children.
 37
Food and Agricultural Organization (FAO)

 Established in: 1945

 Headquarters: Rome

 Purpose: To improve the living conditions of the rural population.

 The Food and Agriculture Organization of the United Nations leads international efforts to defeat hunger. Serving
both developed and developing countries, FAO acts as a neutral forum where all nations meet as equals to
negotiate agreements and debate policy. FAO's mandate is to raise levels of nutrition, improve agricultural
productivity, better the lives of rural populations and contribute to the growth of the world economy. FAO is the
largest of the UN agencies. It was established in 1945 and its headquarters is in Rome, Italy.
 38
United Nations Educational, Scientific and Cultural Organization
(UNESCO)

 Established in: 1946

 Headquarters: Paris

 Purpose: To promote collaboration among nations through education science and culture.

 The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency of the
United Nations established in 1946 with its headquarters in Paris, France. Its stated purpose is to contribute to peace
and security by promoting international collaboration through education, science, and culture in order to propagate
further universal respect for justice, the rule of law, and the human rights and fundamental freedoms proclaimed in
the UN Charter.
 39
World Health Organization (WHO)

 Established in: 1948

 Headquarters: Geneva

 Purpose: Attainment of highest possible level of health by all people.

 The World Health Organization (WHO) acts as a coordinating authority on international public health and deals with health and sanitation
and diseases and sends medical teams to help combat epidemics. Established on 7 April 1948, the agency inherited the mandate and
resources of its predecessor, the Health Organization, which had been an agency of the League of Nations. It was established in 7 April
1948 when 26 members of the United Nations ratified its Constitution. 7 April is celebrated as the World Health Day every year. The
WHO is governed by 194 Member States through the World Health Assembly. Its headquarters is in Geneva, Switzerland. Functions of
WHO 1.It helps countries to improve their health system by building up infrastructure especially manpower, institutions and services for
the individual community 2.It aims at fighting diseases and preventing them from spreading
 40
International Atomic Energy Agency (IAEA)

 Established in: 1957

 Headquarters: Vienna

 Purpose: To promote peaceful uses of atomic energy.

 The International Atomic Energy Agency (IAEA) is an intergovernmental organization for scientific and technical cooperation in the field of nuclear
technology. It is headquartered in Vienna, Austria. It seeks to promote the peaceful use of nuclear energy and to inhibit its use for military purposes.
The IAEA was set up as an autonomous organization on 29 July 1957. Prior to this, in 1953, U.S. President Dwight D. Eisenhower envisioned the
creation of this international body to control and develop the use of atomic energy, in his "Atoms for Peace" speech before the UN General Assembly.
The organization and its former Director General, Mohamed ElBaradei, were jointly awarded the Nobel Peace Prize announced on 7 October 2005. As
of March 2015, the IAEA's membership is 164 countries.
 Due to historical reasons and the political nature of its work, the IAEA is not a specialized agency. Instead, its relationship to the United Nations is
governed by a special agreement as well as by its statute that commits the IAEA to report annually to the General Assembly and, when appropriate, to
the Security Council.
 41
International Development Association (IDA)

 Established in: 1960

 Headquarters: Washington DC

 Purpose: An affiliate of the World Bank, it aims to help underdeveloped countries raise living standards.

 The IDA's mandate is close to that of International Bank for Reconstruction and Development (IBRD), with
the focus on the poorest countries. It is part of the World Bank Group (WBG).
 42
United Nations Development Programme (UNDP)

 Established in: 1965

 Headquarters: New York

 Purpose: Helps developing countries increase the wealth producing capabilities of their natural and human
resources.

 It promotes technical and investment cooperation among nations and advocates for change and
connects countries to knowledge, experience and resources to help people build a better life for
themselves.
 43
United Nations Environmental Programme (UNEP)

 Established in: 1972

 Headquarters: Nairobi (Kenya)

 Purpose: Promotes international cooperation in human environment.

 44
World Trade Organization (WTO)

 Established in: 1995

 Headquarters: Geneva

 Purpose: Setting rules for world trade to reduce traffic.

 The WTO was established instead of the failed proposal for a specialized agency dealing with trade issues,
the International Trade Organization. WTO headquarters are in Geneva, Switzerland. The WTO deals with regulation of
trade in goods, services and intellectual property between participating countries by providing a framework for
negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO
agreements, which are signed by representatives of member governments
 45
United Nations Office on Drugs and Crime (UNODC)

 Established in: 1997

 Headquarters: Vienna (Kenya)

 Purpose: To prevent illicit trafficking and abuse of drug, crime prevention
 46
UN Women

 Established in: 2010

 Headquarters: New York

 Purpose: To enable member states to achieve gender equality and women empowerment.

 UN Women is empowered to:

 support intergovernmental bodies, such as the Commission on the Status of Women, in their formulation of policies, global
standards, and norms

 help UN member states implement the above standards, standing ready to provide suitable technical and financial support to
those countries that request it and to forge effective partnerships with civil society

 enable member states to hold the UN system accountable for its own commitments on gender equality, including regular
monitoring of system-wide progress.
 47
WHAT IS HUMAN RIGHTS MONITORING

Human rights are universal, to be enjoyed by everyone regardless of race, colour, sex, language,
religion, political or other opinion or orientation, national or ethnic origin, social origin, property or
other status. Yet, for various reasons, certain individuals or groups experience denial or
transgression of their rights. The reason could be highly political such as in the case of an
authoritarian leader suppressing all form of opposition. Or it could be the dominance of the
majority (e.g., ethnic, cultural, religious or linguistic) to the exclusion of the minority. Hence the
human rights are to be monitored.
 48
Aims of Monitoring

 The most common general purpose of monitoring is to be able to pinpoint what is wrong with a
situation or a case and to indicate what steps can be taken to remedy it. Monitoring is also
undertaken to see whether steps that have been taken to improve a situation are working. Most
activities that are carried out in response can be therefore considered as reactive.
 Human rights monitoring has the following particular purposes, among others:
a. to assist governments in applying international standards;
b. to be able to pressure governments into adopting and implementing international standards;
c. to be able to undertake domestic legal actions like taking cases to court;
d. to be able to undertake other actions like denunciations and publicity campaigns, with the
goal of bearing pressure on the government and/or to enhance public awareness
e. to be able to help particular victims; and
f. to be able to provide early warning in potential conflict areas.
 49
KINDS OF MONITORING

a. situation monitoring - focuses on a situation in general

i. monitoring human rights violations
ii. monitoring the drafting and passing of legislation
iii. monitoring the implementation of laws and policies
iv. monitoring the establishment and progress of human rights institutions
b. case monitoring - very focused and victim-oriented
i. monitoring the legal process undergone by a case
ii. monitoring relief and rehabilitation services provided to a client
iii. monitoring other forms of intervention in a case
 50
WHO MONITORS
 51
Monitoring by the U.N.

The United Nations is a very big organisation with various divisions and affiliated organisations,
many of which deal with human rights. These often have overlapping functions, so much so that it
is difficult to present its complicated set-up in simple terms. However, it is possible to pinpoint which
bodies are directly engaged in human rights monitoring, namely:
a. Treaty-based committees
b. Special Rapporteurs and other bodies under the U.N. Commission on Human Rights
c. Some specialised agencies
 52
Monitoring by Treaty-Based Committees

What are the human rights treaty bodies?

The human rights treaty bodies are committees of independent experts that monitor
implementation of the core international human rights treaties. Each State party to a treaty
has an obligation to take steps to ensure that everyone in the State can enjoy the rights set
out in the treaty.
Currently, there are nine human rights international treaties, and one optional protocol, from
which 10 treaty bodies have been established. The treaty bodies are composed of independent
experts of recognized competence in human rights, who are nominated and elected for fixed
renewable terms of four years by State parties.
 53
Monitoring by Treaty-Based Committees - Contd

There are ten human rights treaty bodies that monitor implementation of the core international human rights
treaties:
• Committee on the Elimination of Racial Discrimination (CERD)
• Committee on Economic, Social and Cultural Rights (CESCR)
• Human Rights Committee (CCPR)
• Committee on the Elimination of Discrimination against Women (CEDAW)
• Committee against Torture (CAT)
• Committee on the Rights of the Child (CRC)
• Committee on Migrant Workers (CMW)
• Subcommittee on Prevention of Torture (SPT)
• Committee on the Rights of Persons with Disabilities (CRPD)
• Committee on Enforced Disappearances (CED)
 54
Committee on the Elimination of Racial
Discrimination (CERD)
 The Committee on the Elimination of Racial Discrimination is a body of human rights experts
tasked with monitoring the implementation of the International Convention on the Elimination of
All Forms of Racial Discrimination (ICERD).
 The Convention commits its members to the elimination of racial discrimination and the
promotion of understanding among all races. The Convention also requires its parties to
outlaw hate speech and criminalize membership in racist organizations.
 It consists of 18 independent human rights experts, elected for four-year terms, with half the
members elected every two years. Members are elected by secret ballot of the parties, with
each party allowed to nominate one of its nationals to the Committee
 All States parties are obliged to submit regular reports to the Committee on how the rights are
being implemented. States must report initially one year after acceding to the Convention and
then every two years. The Committee examines each report and addresses its concerns and
recommendations to the State party in the form of “concluding observations”.
 The Committee typically meets every March and August in Geneva.
 55
Committee on Economic, Social and
Cultural Rights (CESCR)
 The Committee on Economic, Social and Cultural Rights is a body of human rights experts tasked with
monitoring the implementation of the International Covenant on Economic, Social and Cultural
Rights (ICESCR). It consists of 18 independent human rights experts, elected for four-year terms, with
half the members elected every two years
 The convention commits its parties to work toward the granting of economic, social, and cultural
rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labour rights and
the right to health, the right to education, and the right to an adequate standard of living.
 All states parties are required to submit regular reports to the Committee outlining the legislative, judicial,
policy and other measures they have taken to implement the rights affirmed in the Covenant. The first
report is due within two years of ratifying the Covenant; thereafter reports are due every five years. The
Committee examines each report and addresses its concerns and recommendations to the State party in
the form of "concluding observations".
 The Committee typically meets every May and November in Geneva.
 India ratified the convention on 10 April 1979
 56
Human Rights Committee (CCPR)

 The United Nations Human Rights Committee is a United Nations body of 18 experts established by
a human rights treaty, the International Covenant on Civil and Political Rights (ICCPR).
 The covenant commits its parties to respect the civil and political rights of individuals, including the right
to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due
process and a fair trial.
 The committee reviews regular reports of States parties on how the rights are being implemented.
States must report initially one year after acceding to the Covenant and then whenever the Committee
requests (usually every four years).
 The Committee normally meets in Geneva and normally holds three sessions per year.
 57
Committee on the Elimination of
Discrimination against Women (CEDAW)
 The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent
experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against
Women.
 CEDAW share the following agenda on women's human rights and gender equality
1. Demand women's participation in decision-making at all levels
2. Rejection of violence against women as it delays the advancement of women and maintains their
subordinate status
3. Equality of women and men under the law; protection of women and girls through the rule of law
4. Demand security forces and systems to protect women and girls from gender-based violence
5. Recognition of the fact that distinct experiences and burdens of women and girls come from systemic
discrimination
6. Ensure that women's experiences, needs and perspectives are incorporated into the political, legal and social
decisions that determine the achievement of just and lasting peace
 CEDAW Committee was established in 1982 and it consists of 23 experts on women’s rights from around the world.
 58
Committee against Torture (CAT)

 The Committee Against Torture (CAT) is a body of human rights experts that monitors implementation of
the United Nations Convention against Torture by state parties.
 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly
known as the United Nations Convention against Torture (UNCAT)) is an international human rights treaty,
under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or
degrading treatment or punishment around the world.
 The Committee is one of eight UN-linked human rights treaty bodies. All state parties are obliged under the
Convention to submit regular reports to the CAT on how rights are being implemented. Upon ratifying the
Convention, states must submit a report within one year, after which they are obliged to report every four
years. The Committee examines each report and addresses its concerns and recommendations to the state
party in the form of "concluding observations." Under certain circumstances, the CAT may consider complaints
or communications from individuals claiming that their rights under the Convention have been violated.
 The CAT usually meets in April/May and November each year in Geneva.
 Members are elected to four-year terms by state parties and can be re-elected if nominated.
 59
Committee on the Rights of the Child (CRC)

 The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation
of the United Nations Convention on the Rights of the Child.
 The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is
a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The
Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier
under national legislation.
 The Committee also monitors the Convention's three optional protocols: the Optional Protocol on the Involvement of
Children in Armed Conflict, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and
the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.
 The Committee was created by the Convention on 27 February 1991.The Committee is made up of 18 members from
different countries and legal systems who are of 'high moral standing' and experts in the field of human rights. Although
members are nominated and elected by States party to the Convention, Committee members act in a personal
capacity. They do not represent their countries' governments or any other organization to which they might belong.
Members are elected for a four-year term and can be re-elected if nominated.
 60
Committee on Migrant Workers (CMW)

 The Committee on the Protection of the Rights of All Migrant Workers and
Members of their Families (CMW) is the body of independent experts that monitors
implementation of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families by its State parties.
 The Convention aims at protecting migrant workers and members of their families; its
existence sets a moral standard, and serves as a guide and stimulus for the promotion of
migrant rights in each country.
 It held its first session in March 2004.
 61
Subcommittee on Prevention of Torture (SPT)

 The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (“SPT”) is a new kind of treaty body in the United Nations human
rights system. It has a preventive mandate focused on an innovative, sustained and
proactive approach to the prevention of torture and ill treatment. The SPT started its work
in February 2007.
 The SPT has two primary operational functions. First, it may undertake visits to States
Parties, during the course of which it may visit any place where persons may be deprived of
their liberty. Second, it has an advisory function which involves providing assistance and
advice to States Parties on the establishment of National Preventive Mechanisms (“NPM”),
which Optional Protocol to the Convention against Torture (OPCAT) requires that they establish,
and also providing advice and assistance to both the NPM and the State Party regarding the
working of the NPM.
 62
Committee on the Rights of Persons with
Disabilities (CRPD)
 The Committee on the Rights of Persons with Disabilities (CRPD) is a United Nations body of 18
experts that meets two times a year in Geneva to consider the reports submitted by 153 UN member
states on their compliance with the Convention on the Rights of Persons with Disabilities, and to examine
individual petitions.
 All states parties are required to submit regular reports to the Committee outlining the legislative, judicial,
policy and other measures they have taken to implement the rights affirmed in the Convention. The first
report is due within two years of ratifying the Convention; thereafter reports are due every four years. The
Committee examines each report and addresses its concerns and recommendations to the state party in
the form of "concluding observations".
 The members of the Committee, who must be "of high moral standing and recognized competence and
experience in the field covered by the present Convention", are elected by the member states on an
individual basis or "personal capacity", not as representatives of their countries. CRPD Article 34 also
mandates "balanced gender representation" and "participation of experts with disabilities." They serve
four-year terms, with one-half of their number elected every second year.
 63
Committee on Enforced Disappearances (CED)

 The Committee on Enforced Disappearances (CED) is the body of independent experts

which monitors implementation of the International Convention for the Protection of All
Persons from Enforced Disappearance by the States Parties.
All States parties are obliged to submit reports to the Committee on how the rights are
being implemented.
 States must report within two years of ratifying the Convention. The Committee examines
each report and addresses its concerns and recommendations to the State party in the
form of "concluding observations”.
 The Committee meets in Geneva and holds two sessions per year.
 64
Illustration - treaty-based committee

To illustrate how a treaty-based committee performs its task, below is a brief description of how the Human Rights Committee works.
1) The Committee consists of 18 members serving for a four-year term. It elects from among its members- a Chairperson, three Vice-
Chairpersons and a Rapporteur.
2) It holds threes sessions of three weeks each per year - one in New York (March/April) and two in Geneva (July and October/November).
3) Each session is preceded by sessions of the working groups it has created. An important working group is the one that prepares the “list
of issues” that the Committee would like to bring up with the State Party whose report is to considered.
4) The “list of issues” is transmitted to the concerned government through its Permanent Representative to the United Nations.
5) During the Committee meeting, the representatives of the reporting government provide the Committee with oral replies to the written
questions. It is at this point that the Committee usually poses various questions to the representatives. Its questions can be informed from
different sources, such as from the press and from non-governmental organisations.
6) The outcome of the consideration of a State Party report can be:
✓ concluding comments: conclusions reached by the Committee which can include, among others, a section on factors and
difficulties affecting the implementation of the Covenant, a section on positive aspects, a section on main subjects of concern, and
a section on suggestions and recommendations of the Committee.
✓ general comments – comments that are relevant to all State Parties or to the question of civil and political rights in general,
intended to clarify the provisions of the Covenant and thus assist State Parties in applying the provisions and in fulfilling their
reporting obligations.
7) The Committee submits an annual report to the U.N. General Assembly. The report contains a summary of the activities of the
Committee, as well as all its decisions and recommendations, including concerns that it has expressed in regard of a situation in a particular
country.
 65
Monitoring by Bodies under the U.N. Commission on Human
Rights

 The Commission on Human Rights is a large body which meets once a year for six weeks in Geneva. Its
membership rotates among the countries that belong to the U.N. Each member government appoints a delegation to
attend the Geneva meeting. These are not independent experts like the treaty body members, but very much
represent their government’s positions.
 The Commission does not by itself conduct monitoring. Rather, it should be seen as the forum in which monitoring
results could be aired and discussed. NGOs which are accredited by the U.N. can attend the Commission meetings
and present interventions during the open plenary sessions.
 There are however bodies under the Commission that undertake monitoring of situations, although limited in some
cases. These are the different Special Rapporteurs and Working Groups, and the Sub-Commission on the Protection
and Promotion of Human Rights. They undertake monitoring in the sense that they collect information from various
sources, analyse the collected information, and in some cases take action such as referring the cases to the concerned
governments. Moreover, they all produce reports which are usually taken up during the annual sessions of the
Commission on Human Rights.
The monitoring they conduct, on the other hand, may be limited in one or more ways:
66
1) Monitoring is incidental to the main purpose of the agency. For instance, the exact mandate of a thematic Special
Rapporteur is to examine questions related to the theme assigned to her/him and to recommend steps to prevent and or respond
to violations. Monitoring of selected situations is therefore done for the purpose of fulfilling the given mandate.

2) The method of gathering information may be limited. Some bodies conduct occasional fact-finding missions. Most of these
bodies collect information by receiving communications. A communication is a complaint sent by a victim or by others
working on behalf of victims, describing an alleged violation of a right or, or in the case of the “1503 procedure”, an alarming
human rights situation, and asking for intervention by the addressee. As such, the communications received, together with the
missions so far conducted, may not, in their totality, accurately represent the country or global situation
 67
A Special Rapporteur is an expert appointed by the Commission on Human Rights to look into an area or
subject of human rights violations. There are two kinds of Special Rapporteurs: country Special Rapporteurs
and thematic Special Rapporteurs.
The Working Groups are small committees appointed by the Commission on Human Rights to look into
particular issues. Some current working groups are: Working Group on Enforced or Involuntary
Disappearances and Working Group on Arbitrary Detention.
The usual method of work followed by Special Rapporteurs and Working Groups consists of receiving
communications and taking action on those that merit response. The usual action is done by forwarding the
communications to the concerned government, often asking simply for further information, but sometimes
making concrete requests like the release of deserving detained persons. The Special Rapporteurs and
Working Group members also occasionally visit countries to directly investigate serious situations.
 68
Another body that conducts monitoring in a sense is the Sub-Commission for the Protection and Promotion of Human Rights (previously
known as the Sub-Commission on Prevention of Discrimination and Protection of Minorities), a body under the Commission on Human
Rights. It follows the so-called “1503 procedure” named after Resolution 1503 of the U.N. Economic and Social Council. In gist, the Sub-
Commission tries to examine whether there is a distinct pattern of violations in any given country and whether such pattern has reached a
level of gross and systematic violations. The various steps comprising the “1503 Procedure” are:
1) Under the Sub-Commission is the Working Group on Communications that receives and analyses communications together with
government replies. The communications must describe situations and will be admitted only if they show reasonable grounds to believe
that consistent patterns of violations exist.
2) When the Working Group considers that there is reliable evidence of a consistent pattern of violations in one country, it submits the
relevant communications to the Sub-Commission
3) The Sub-Commission studies all the country situations referred to it by the Working Group, and decides which ones should be referred
to the Commission on Human Rights for further action.
4) Further action on a country situation may be undertaken by the Commission on Human Rights by making a report with
recommendations to a higher organ, the Economic and Social Council. The Commission may also decide to appoint an ad hoc committee
to make a thorough investigation, but this however requires the consent of the State where the violations are alleged to have happened.
 69
Conclusion:
All actions regarding a country situation remain confidential, until such time when the Commission decides to bring the
matter to the Economic and Social Council, in which case the country situation may be discussed publicly in various U.N.
forums. Only a few countries, mainly those ruled by authoritarian regimes, have reached the point of being referred to the
Economic and Social Council, and such is an indication that the situation in the country is indeed alarmingly bad.
 70

MCQs
 71

The United Nations agency concerned with the improvement of standards of education and strengthening
international co-operation in this field is :
1.U. N. E. F.
2.U. N. E. S. C. O.
3.U. N. I. C. E. F.
4.U. N. E. D. O.
 72

How many countries are the members of the U. N. O. at present?

1.196
2.189
3.193
4.169
 73

Which organ of the UNO functions from Peace Palace in The Hague, The Netherlands?
1.Security Council
2.General Assembly
3.Economic and Social Council
4.International Court of Justice
 74

Which of the following is not the organ of the U. N. O. ?

1.General Assembly
2.Security Council
3.Trusteeship Council
4.United Nations Educational, Scientific and Cultural Organization
 75

Which of the following UN agencies focuses on poverty reduction and the improvement of living standards
worldwide?
1.World Bank
2.IMF
3.WHO
4.ILO
 76

Which of the following is world’s centre for co-operation in the nuclear field?
1.ILO
2.IAEA
3.CTBTO
4.ICAO
 77

What are specialized UN agencies?

a) Large institutions which are part of the UN system that have their own constitutions, regularly assessed
budgets, executive heads, and assemblies of state representatives, not subject to the management of the central
system.
b) Institutions under the control of the General Assembly, which are mandated to look after a specialized topic in
international relations.
c) UN regional bodies specialized in the economic and social issues of a region.
d) There are no specialized UN agencies.
 78

_____ are the expectations held by state leaders about normal international relations.

1. International norms
2. International morality
3. Legitimate concerns
4. Standards of normality
 79

Jus ad bellum means

1. laws in war.
2. laws of war.
3. justice after war.
4. legal war.
 80

The official acceptance of a state's official status and of its representatives is known as

1. diplomatic representation.
2. diplomatic recognition.
3. diplomatic acceptance.
4. diplomatic community.
 81

Which of the following is a source of international law?

1. national laws reviewed by the World Court

2. international custom
3. decisions by national courts upheld by the World Court
4. All of the above.
 82
Possible Questions

 What is UN? Explain the main bodies of UN?

 Explain in detail the theories of UN laws
 Enumerate the perspectives of UN laws.
 Explain in detail about UN agencies.
 Explain the various bodies engaged in human rights monitoring.
 Explain the various international human rights treaties monitored by the treaty bodies