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  • Print publication year: 2016
  • Online publication date: December 2017

Introduction

from PART III - CONTOURS OF A MULTI-DUTY BEARER FRAMEWORK

Summary

In Part II we analysed the current international and regional accountability mechanisms and their relevant features from a theoretical and practical perspective. Our aim in Part III is to indicate and examine the most relevant ‘signposts’ for the development of an effective shared accountability framework. We have limited our investigation to the most pertinent legal challenges that arise in the construction of a shared accountability framework. On the one hand we deal with some of the more technical aspects of a complaints procedure, that is the locus standi, ratione materiae and ratione personae requirements, and on the other we explore the more problematic conceptual issue of jurisdiction in chapter 9 on the attribution of obligations.

This study cannot address all the issues that would be likely to arise if States and non-State actors were all subject to direct obligations under human rights law. An analysis of the procedural aspects of accountability mechanisms is a first step in investigating its effectiveness for victims of human rights violations.