Skip to main content Accessibility help
×
Home
Hostname: page-component-8bbf57454-s7xmh Total loading time: 0.27 Render date: 2022-01-25T05:13:43.908Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }
This chapter is part of a book that is no longer available to purchase from Cambridge Core

4 - The United Nations Charter system

Ilias Bantekas
Affiliation:
Brunel University
Lutz Oette
Affiliation:
School of Oriental and African Studies, University of London
Get access

Summary

Introduction

The UN Charter was not designed to address human rights, at least directly, but was instead a mechanism primarily intended to maintain and secure international peace and security. None the less, some scant references to human rights are visible therein, but as will be discussed in this chapter these were not originally meant to confer strict obligations on states or otherwise to establish a global order of rights-holders. Despite these shortcomings the human rights framework of the Charter remains crucially important because in the sixty or so years since its adoption many of the Charter’s principal organs and their subsidiary institutions have been instrumental in the promotion and protection of human rights worldwide. Given that the Charter is a living instrument it is only natural that organs originally devoted to human rights have fallen into desuetude and others have surfaced to take their place. Thus, the Charter represents a constantly changing battleground of ideas, institutions, actors and activities within which politics and human rights are at odds. In the midst of this battleground, however, one finds a plethora of actors, both states and NGOs, that seek to close this gap between politics and rights.

Although initially this seemed like a vain uphill struggle on account of the fact that the UN is quintessentially a political organisation, since the end of the Cold War in the early 1990s there has been a shift towards a more visible human rights-centred approach. This is evidenced from the increased depoliticisation of human rights institutions, the adoption of a human rights agenda by the Security Council and the mainstreaming of human rights within the Organisation as a whole. Thus, as will become evident in the next section the UN Charter can no longer be construed in accordance with the political climate and notions of state sovereignty prevailing in 1945. In equal manner, article 2(7) of the Charter, which forbids the Organisation to intervene in the domestic affairs of states, necessarily now excludes human rights violations from its ambit.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Alston, P., ‘Reconceiving the UN Human Rights Regime: Challenges Confronting the new UN Human Rights Council’, Melbourne Journal of International Law (Melb. J. Int’l L.) 7 (2006), 185.Google Scholar
Alston, P. and Crawford, J. (eds.), The Future of UN Human Rights Treaty Monitoring (Cambridge University Press, 2000).
Andrassy, J., ‘Uniting for Peace’, AJIL 50 (1956), 563.Google Scholar
Bantekas, I., ‘United Nations Employment Law and the Causes for its Failed Senior Female Appointments Record’, International Organisations Law Review (IOLR) 6 (2009), 225.Google Scholar
Flood, P. J., The Effectiveness of UN Human Rights Institutions (Westport: Praeger, 1998).
Franck, T. M. and Fairley, H. S., ‘Procedural Due Process in Human Rights Fact-finding by International Agencies’, AJIL 74 (1980), 308.Google Scholar
Gaer, F. D., ‘A Voice not an Echo: Universal Periodic Review and the UN Treaty Body System’, Human Rights Law Review (HRLR) 7 (2007), 109.Google Scholar
Ghanea, N., ‘From the UN Commission on Human Rights to UN Human Rights Council: One Step Forwards or Two Steps Sideways?’, ICLQ 55 (2006), 695.Google Scholar
Katayanagi, M., Human Rights Functions of United Nations Peacekeeping (Leiden, Boston: Martinus Nijhoff, 2002).
Lauren, P. G., ‘First Principles of Racial Equality: History and the Politics of Diplomacy of Human Rights Provisions in the United Nations Charter’, HRQ 5 (1983), 1.Google Scholar
Meron, T., Human Rights Law-Making in the United Nations: A Critique of Instruments and Processes (Oxford University Press, 1987).
Mertus, J., The United Nations and Human Rights: A Guide for a New Era (London, New York: Routledge, 2009).
Ramcharan, B. G., The United Nations High Commissioner for Human Rights: The Challenges of International Protection (Leiden, Boston: Martinus Nijhoff, 2002).
The UN Human Rights Council (London, New York: Routledge, 2011).
Rudolf, B., ‘The Thematic Rapporteurs and Working Groups of the United Nations Commission on Human Rights’, Max Planck Yearbook of United Nations Law (MPYBUNL) 4 (2000), 289.Google Scholar
Schwelb, E., ‘The International Court of Justice and the Human Rights Clauses of the Charter’, AJIL 66 (1972), 337.Google Scholar
Sen, P., Universal Periodic Review of Human Rights: Towards Best Practice (London: Commonwealth Secretariat, 2009).
IACtHR in The Right to Information on Consular Assistance in the Framework of the Guarantees of Due Process of Law, Advisory Opinion OC-16/99, of 1 October 1999, Ser. A, no. 16, para. 193
Fish, S., Is There a Text in the Class? The Authority of Interpretative Communities (Cambridge, MA: Harvard University Press, 1980)
Gonzales, T., ‘The Political Sources of Procedural Debates in the United Nations: Structural Impediments to Implementation of Human Rights’, New York University Journal of International Law and Politics (NYUJ Int’l L. & Pol.) 13 (1981), 427, at 450Google Scholar
Higgins, R., ‘Human Rights in the International Court of Justice’, Leiden Journal of International Law (LJIL) 20 (2007), 745 Google Scholar
Upton, H., ‘The Human Rights Council: First Impressions and Future Challenges’, HRLR 7 (2007), 29, at 33Google Scholar
Alston, P., ‘The Commission on Human Rights’, in Alston, P. (ed.), The United Nations and Human Rights: A Critical Appraisal (Oxford: Clarendon Press, 1995), 151
Tolley, H., ‘The Concealed Crack in the Citadel: The UN Commission on Human Rights’ Response to Confidential Communications’, HRQ 6 (1984), 420 Google Scholar
Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights (1999)
Viljoen, F., ‘Fact-finding by UN Human Rights Complaints Bodies: Analysis and Suggested Reforms’, MPYBUNL 8 (2004), 49 Google Scholar
Sloan, G., ‘General Assembly Resolutions Revisited: (Forty Years Later)’, BYIL 58 (1987), 39 Google Scholar
Papastavridis, E., ‘Interpretation of Security Council Resolutions under Chapter VII in the Aftermath of the Iraqi Crisis’, ICLQ 56 (2007), 53 Google Scholar
Gray, C., ‘From Unity to Polarisation: International Law and the Use of Force against Iraq’, EJIL 13 (2002), 1 Google Scholar
Kadi and Al Barakaat International Foundation v. Council of the European Union [2008]
R (on the application of Al Jedda) v. Secretary of State for Defence [2007]
Bailey, S. D., The UN Security Council and Human Rights (New York: St Martin’s Press, 1994)
Joyner, C. C., ‘United Nations Sanctions after Iraq: Looking Back to See Ahead’, Chinese Journal of International Law (Chi. J. Intl L.) 4 (2003), 329–53Google Scholar
von Sponeck, H., A Different Kind of War: The UN Sanctions Regime in Iraq (New York, Oxford: Berghahn Books, 2006).
Parker, P., ‘The Politics of Indemnities: Truth Telling and Reconciliation in South Africa’, HRLJ 17 (1996), 1 Google Scholar
Clark, J. N., ‘Transitional Justice, Truth and Reconciliation: an Under-explored Relationship’, Int’l Crim. L. Rev. 11 (2011), 241 Google Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The United Nations Charter system
  • Ilias Bantekas, Brunel University, Lutz Oette, School of Oriental and African Studies, University of London
  • Book: International Human Rights Law and Practice
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139048088.005
Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

  • The United Nations Charter system
  • Ilias Bantekas, Brunel University, Lutz Oette, School of Oriental and African Studies, University of London
  • Book: International Human Rights Law and Practice
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139048088.005
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • The United Nations Charter system
  • Ilias Bantekas, Brunel University, Lutz Oette, School of Oriental and African Studies, University of London
  • Book: International Human Rights Law and Practice
  • Online publication: 05 April 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139048088.005
Available formats
×