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Binding International Organisations to Human Rights Obligations - Some Underlying Questions

Publication at Faculty of Law |
2015

Abstract

The aim of this contribution to identify and to address in more detail the preliminary issues which need to be clarified before it is possible to determine sources, identify relevant international human rights norms and discuss their scope of application in the context of international organizations. The analysis will focus on transferrability of human rights regime to the context of international organisations.

The study is devided into two parts, reflecting two positions, from which the problem can be elaborated. First is the analysis of two characteristics of international human rights law, which could potentially be considered a hindrance for its application to international organizations: the originally inter-state character of human rights law and its implications, and the capability of international organisations to comply with human rights (positive and negative) obligations.

The second approaches the main question from the perspective of international organizations and their specificities, focusing on the role of international legal personality and the capability of international organisations to be bound by the variety of sources, in which human rights are currently enshrined, especially customary international law and general principles of international law.