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The Human Rights Obligations of the United Nations: Sources and Scope of Application

This scholarly work examines the complexities of the United Nations' human rights obligations and its interaction with individuals. From the legal framework to practical implications, the text provides insights into the sources and scope of the UN's responsibilities, including treaties, customary international law, and the organization's legal personality. With a focus on accountability and the implications for individuals, the book sheds light on the challenges and proposed solutions concerning the UN's role in upholding human rights.

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The Human Rights Obligations of the United Nations: Sources and Scope of Application

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  1. The Human Rights Obligations of the United Nations: Sources and Scope of Application NoëlleQuénivet

  2. Introduction • Idea that international organisations can do not harm – compare and contrast with State power • Idea that international organisations do not really have any direct contact with individuals • Yet, United Nations in direct contact with individuals and such contact can have negative consequences on individuals

  3. Introduction • So far focus on accountability of international organisations such as the United Nations  secondary rules of responsibility • But what about the primary rules? What is the basis of the legal responsibility of the United Nations (and international organisations more generally)?

  4. Treaties

  5. Lex Lata: Impossibility to Bind the UN to Human Rights Treaties • UN has the capacity to enter into treaties • Yet, treaties do not allow for international organisations to become parties to them (exceptions are ECHR, CRPD, CATHB but limited to EU membership) • Pactatertiisnecnocentnecprosunt: treaty not applicable to third party

  6. Lex Ferenda: Theories to Bind the UN

  7. Proposals to Bind the UN to Human Rights Treaties • Voluntary agreement to submit to human rights treaties • Voluntary agreement to submit to human rights treaty mechanisms • Changing human rights treaties to allow for the UN to accede to them

  8. Customary international law

  9. Theories to Bind the UN to Customary Human Rights Law

  10. UN Inheriting Human Rights Obligations of its Member States

  11. UN as Participant in Formation of Customary Int’l Human Rights Law

  12. Legal Personality of the United Nations • Since the UN has legal personality it is bound by all sources of international law • Idea of functional legal personality and principle of speciality • Rights and duties related to its material competences • So UN only bound by customary human rights law for activities in a field related to its purpose and function and have an impact on individuals

  13. UN as IO Embedded in International Law and Subject of International Law • IO find their roots in international law and thus required to comply with international law  IO as addressees of international law

  14. UN as IO Embedded in International Law and Subject of International Law

  15. Conclusion • UN bound by general rules of international law • So need to know: • whether these rules apply irrespective of pre-determination that acts have impact on individuals and fall within the competences of the UN? Can we get rid of the principle of speciality? • Which human rights fall within the scope of general international law?

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