A United Nations High Commissioner for Human Rights

ISBN-13: 9789401181631 / Angielski / Miękka / 1972 / 186 str.

Roger Stenson Clark

Opis

prospects of the High Commissioner proposal with careful scholarship and shrewd judgment. Mr. Clark wrote the first draft of this book under my supervision for the degree of Doctor of the Science of Law at Columbia Law School before returning to take up his career as a law teacher in his native New Zealand. I am delighted that his work, in this improved and updated version, is now being published. It fills a real need, since it is the first book on this important subject. On this occasion it might be appropriate to add a few comments on the history of the High Commissioner proposal. As Mr. Clark indicates, I had something to do with its "revival" in the United States Government during the closing months of the Kennedy Administration. A few details as to how this "revival" took place may perhaps be useful to students of international relations and international organization.

Spis treści

1 International Human Rights Activity.- A. Prior to the United Nations.- The League of Nations.- The League High Commissioners for Refugees.- B. The United Nations and Human Rights.- The Charter.- Machinery.- C. Achievements of the United Nations.- 1. The definition of international standards and the problem of enforcement.- 2. Enforcement procedures in the U.N. human rights treaties.- 3. Other techniques to promote or protect human rights.- (a) Communications, complaints or petitions.- (b) Periodic reports.- (c) Advisory services.- (d) Global studies of specific rights or groups of rights.- D. NGOS and Human Rights at the United Nations.- 1. Consultative status.- 2. Communications.- E. The Nature of the Problem.- 2 The Development of the High Commissioner Proposal.- The Cassin proposals.- The United Nations High Commissioner for Refugees.- The proposals of the Consultative Council of Jewish Organizations and of Uruguay.- Revival.- The Costa Rica draft in the works.- The Working Group’s draft.- The Commission on Human Rights approves.- ECOSOC approves.- In the Assembly.- 3 The Functions of the High Commissioner.- Subject matter.- Analogy with an Ombudsman.- General duty to assist in promoting and encouraging.- Subparagraph (a): advice and assistance to UN organs.- Subparagraph (b): assistance and services to states.- Subparagraph (c): communications.- Subparagraph (d): reporting.- A wider view of subparagraph (d): a “good offices” function.- Some general considerations.- The exhaustion of domestic remedies.- Discretion versus publicity in the High Commissioner’s operations.- The prospects for evolution.- 4 Some Administrative Matters and the Issue of Collegiality.- Appointment and financing.- Relations with the Secretary-General.- Relationship with implementation organs.- The panel of expert consultants.- 5 The Constitutionality of the Office, Particularly in the Light of Article 2, Paragraph 7 of the Charter.- A. Article 2, Paragraph 7 of the Charter.- The context of the argument.- The League domestic jurisdiction provision.- The drafting of the Charter.- Intervention.- Matters essentially within the domestic jurisdiction of any state.- The maintenance of international peace and security.- Application to the High Commissioner proposal.- B. The Argument that the Charter Requires a Collegiate Body and not an Individual.- C. The Argument that Individuals can not be Subjects of International Law.- The Croation of the office would be constitutional.- 6 The High Commissioner as a Law Promotor Rather Than a Law Enforcer.- The High Commissioner as part of a political process.- The High Commissioner as a catalyst for the creation of international customary law.- A promotor, not an enforcer or protector.- 7 Conclusions.- The High Commissioner would not be a mere stop-gap.- An unwelcome proliferation?.- Why not leave the job to the Secretary-General?.- The implications of the proposal for international organization.- The advantages.- 1. Non-ratification of treaties.- 2. Lack of practical application of ratified treaties.- 3. Limited enforcement procedures in treaties.- 4. “Communications”.- 5 Limited sources of information.- 6. NGO representations and assistance.- 7. Inadequate supply of government reports and inefficient procedures for dealing with those obtained.- 8. Use of advisory services.- What the future holds.- Appendix I Resolution Adopted by the Economic and Social Council at Its 1479th Plenary Meeting on 6 June 1967 (Question concerning the implementation of human rights through a United Nations High Commissioner for Human Rights or some other appropriate international machinery).- Appendix II United Republic of Tanzania: Amendments to Draft Resolution IV Approved by the Commission on Human Rights at Its Twenty-Third Session on the Question Concerning the Implementation of Human Rights through a United Nations High Commissioner for Human Rights or Some Other Appropriate International Machinery.- Appendix III Outline of Headings Sent to States by the Secretary-General When Inviting Reports on Civil and Political Rights for the Period 1 July 1965 to 30 June 1968.