Unilateral coercive measures, IHL and impartial humanitarian action: An interview with Alena Douhan

2021 ◽  
pp. 1-26
Keyword(s):  
Human Rights ◽  
International Law ◽  
Negative Impact ◽  
State University ◽  
Special Rapporteur ◽  
Coercive Measures ◽  
Humanitarian Action ◽  
Human Rights Council ◽  
Adverse Impacts ◽  
Peace Research

Alena Douhan is the United Nations (UN) Special Rapporteur on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights. She was appointed to this position by the UN Human Rights Council in March 2020. As the mandate holder, she works with both States and UN organs and seeks to prevent, minimize and redress the adverse impacts of unilateral coercive measures on human rights. Ms Douhan is also a Professor of International Law at the Belarusian State University, Director of the Peace Research Center, and President of the Belarusian branch of the International Law Association.

The Necessity for a Business and Human Rights Treaty

2016 ◽  
Vol 1 (2) ◽  
pp. 203-227 ◽  
Author(s):  
David BILCHITZ
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Working Group ◽  
Negative Impact ◽  
Transnational Corporations ◽  
Human Rights Violations ◽  
Legal Instrument ◽  
Business And Human Rights ◽  
Human Rights Council

AbstractIn June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The arguments indicate that a treaty is necessary to provide legal solutions to cure serious lacunae and ambiguities in the current framework of international law which have a serious negative impact upon the rights of individuals affected by corporate activities. The emphasis throughout is upon why a binding legal instrument is important, as opposed to softer forms of regulation such as the United Nations Guiding Principles on Business and Human Rights. The four arguments in turn provide the resources to respond to objections raised against the treaty and to reject an alternative, more restrictive proposal for a treaty that only addresses ‘gross’ human rights violations.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

On Behalf of the United Nations

2016 ◽  
Author(s):  
Richard Falk
Keyword(s):  
New York ◽  
Human Rights ◽  
United Nations ◽  
Secretary General ◽  
Special Rapporteur ◽  
Human Rights Council ◽  
Occupied Palestinian Territory ◽  
High Commissioner ◽  
The United Nations ◽  
Palestinian Territory

This chapter reflects on the role as special rapporteur of the United Nations Human Rights Council (HRC), which investigated the human rights situation in the Occupied Palestinian Territory. The chapter first provides an overview of the role and office of special rapporteur, noting that UN concerns about Israel and responses to Palestinian grievances are highly politicized within the organization, before discussing some of the characteristics that distinguish the mandate established by the HRC and made applicable to Occupied Palestine. It also explains what was accomplished in six years as special rapporteur of the HRC and details the controversies and pressures attached to that job. It shows that the “UN” comprises different layers, agendas, and interests. The chapter claims that while the United Nations secretary-general in New York permitted personal attacks against the special rapporteur, the leadership and professionals of the Office of the High Commissioner for Human Rights in Geneva strongly supported his efforts in what the chapter calls the “legitimacy war”.

Part I Conclusion of Treaties, 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?

2011 ◽  
Author(s):  
Simma Bruno ◽  
Hernández Gleider I
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
The Body ◽  
Special Rapporteur ◽  
Central Question ◽  
Human Rights Treaties ◽  
International Law Commission ◽  
Legal Consequences ◽  
Law Commission

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.

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