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1
Evans, Carolyn. "Strengthening the Role of the Special Rapporteur on Freedom of Religion or Belief." Religion & Human Rights 1, no. 1 (2006): 75–96. http://dx.doi.org/10.1163/187103206777493429.
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AbstractThe Special Rapporteur holds the key United Nations mandate for the protection of freedom of religion and belief. This article gives an overview of the establishment and developing role of the Rapporteur and considers the way in which the three individuals who have held the office so far have carried out their mandate. It assesses the effectiveness of the methodologies used by the Rapporteur and, in particular, questions the shift of emphasis from prevention to protection. It then analyses the way in which the Rapporteurs have dealt with some of the substantive issues required by their role. The example of religious defamation is given to demonstrate the dangers of Rapporteurs taking overly simplistic approaches to complex issues. Finally a number of areas where further consideration is needed—in particular with respect to funding, the development of a treaty on religious freedom and the relationship with States—are briefly overviewed. The article concludes that the performance of the Rapporteurs have been exceptional, particularly given the limited financial resources allocated to the mandate and the complexities of the problems with which the mandate deals.
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Cogan, Jacob Katz. "The Changing Form of the International Law Commission’s Work." AJIL Unbound 108 (2014): 4–7. http://dx.doi.org/10.1017/s2398772300001756.
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Sean Murphy’s report on the sixty-fifth session of the International Law Commission (ILC) describes and analyzes the Commission’s activities and decisions from last summer. He focuses his attention, as the Commission did, on the draft articles proposed by the Special Rapporteurs on the topics “immunity of state officials from criminal jurisdiction” and “the protection of persons in the event of disaster,” as well as the Special Rapporteur’s reported draft conclusions on the topic “subsequent agreements and subsequent practice in relation to the interpretation of treaties.” Consideration of these proposals took up a significant amount of the Commission’s time, and they will garner much commentary inside and outside governments, as befits their importance.
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Rodley, Nigel S. "On the responsibility of special rapporteurs." International Journal of Human Rights 15, no. 2 (February 2011): 319–37. http://dx.doi.org/10.1080/13642987.2011.537861.
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O'Donnell, Daniel. "Trends in the application of international humanitarian law by United Nations human rights mechanisms." International Review of the Red Cross 38, no. 324 (September 1998): 481–503. http://dx.doi.org/10.1017/s0020860400091282.
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UN human rights mechanisms continue to proliferate, producing numerous decisions and voluminous reports. This article reviews the ways in which such mechanisms apply international humanitarian law, including the law of Geneva and the law of The Hague. In doing so, it focuses mainly on the practice of the rapporteurs appointed by the UN Commission on Human Rights to investigate the human rights situations in specific countries and on that of the thematic rapporteurs and working groups which the Commission has entrusted with monitoring specific types of serious human rights violations wherever they occur, in particular the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and the Representative of the Secretary-General on Internally Displaced Persons, whose mandates most often lead them to examine abuses occurring in the context of armed conflicts. Reference is also made to two innovative mechanisms which functioned in El Salvador: the first UN-sponsored “truth commission” and the first human rights monitoring body established as part of a comprehensive mechanism for monitoring compliance with a UN-sponsored peace agreement. Certain observations made by treaty monitoring bodies are also mentioned.
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Kent, George. "What is the right to food?" World Nutrition 13, no. 4 (December 31, 2022): 71–74. http://dx.doi.org/10.26596/wn.202213471-74.
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On October 28, 2022 Michael Fakhri, the United Nations Special Rapporteur on the Right to Food presented a report to the United Nations General Assembly, the highest level of governance in the world (Fakhri, Michael 2022). He called on the United Nations system to strengthen its efforts to ensure fulfillment of the right to food. These Special Rapporteurs have led the efforts for many years. In 2005 I published a book titled Freedom From Want: The Human Right to Adequate food. (Kent 2005). Its preface was written by Jean Zeigler, the first United Nations Special Rapporteur on the Right to Food, starting in 2000. He summarized my book, with a conclusion that in effect introduces this commentary: “Human rights are not only unashamedly utopian, but also eminently practical. Human rights can make a difference. It is time to make the right to food a reality.” This commentary discusses how the goal of making the right to food a reality could be expedited by developing a clear and widely shared understanding of what it means.
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Weissbrodt, David. "The Three “Theme” Special Rapporteurs of the UN Commission on Human Rights." American Journal of International Law 80, no. 3 (July 1986): 685–99. http://dx.doi.org/10.2307/2201794.
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In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent by appointing in 1985 a similar Special Rapporteur on Torture and in 1986 a Special Rapporteur on Intolerance and Discrimination Based on Religion or Belief.
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Fylypovych, Liudmyla O. "Freedom of Religion and Belief in a State Department Report." Religious Freedom 2, no. 19 (November 8, 2016): 25–28. http://dx.doi.org/10.32420/rs.2016.19.2.887.
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Freedom of conscience and religion, freedom of religion and belief - the natural right of any person in any community. As experience has shown, it is this right, which is subjected to the greatest infringement, oppression, discrimination, and persecution. This right requires constant support and assistance from state and public institutions. In order to protect freedom of religion and religion, various platforms have been created to promote freedom of religion or belief, which is protected by numerous international conventions and declarations, including conventions and declarations of the United Nations (UN) and the Organization for Security and Cooperation in Europe (OSCE). Within the UN, issues of religious freedom are addressed primarily by the Human Rights Council, including its new Universal Periodic Review (VPO) procedure, as well as by monitoring it by the Special Rapporteur (independent expert) on freedom of religion or belief. The Human Rights Council and the UN General Assembly, through the adoption of their resolutions, monitor situations using thematic experts, including the Special Rapporteur on freedom of religion or belief, 32 as well as appointing or continuing the work of Special Rapporteurs specializing in certain countries. The OSCE continues to be an important forum in which the 56 participating States report on their broad obligations in the field of religious freedom.
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SUBEDI, Surya P. "The UN Human Rights Special Rapporteurs and the Impact of their Work: Some Reflections of the UN Special Rapporteur for Cambodia." Asian Journal of International Law 6, no. 1 (December 1, 2015): 1–14. http://dx.doi.org/10.1017/s2044251315000132.
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AbstractAs one of only twelve UN country-specific mandate holders, and as the longest-serving UN Special Rapporteur for Human Rights in Cambodia, my work has had a significant impact on the situation of human rights in that country, with many of my recommendations having been implemented by the government. The Parliament of Cambodia has enacted three fundamental laws designed to enhance the independence and capacity of the judiciary, and has amended the Constitution of the country to make the National Election Commission a constitutional, independent, and autonomous body, in line with my recommendations. In this paper I examine the role of the UN country-specific mandate holders, the approach that I took to implement my mandate in Cambodia, and the impact of my work in that country.
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Rayfuse, Rosemary. "Immunities of United Nations Human Rights Special Rapporteurs: who decides?" Australian Journal of Human Rights 7, no. 1 (March 2001): 169–86. http://dx.doi.org/10.1080/1323238x.2001.11911056.
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Saura-Freixes, Núria. "Environmental human rights defenders, the rule of law and the human right to a healthy, clean, and sustainable environment: last trends and challenges." UNIO – EU Law Journal 8, no. 1 (December 31, 2022): 53–79. http://dx.doi.org/10.21814/unio.8.1.4523.
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Recently, the United Nations (UN) General Assembly has recognised the universality of the human right to a healthy, clean and sustainable environment. However, for decades, environmental human rights defenders have struggled for this right and have paid a high price for it: threats, reprisals, penalisation, and even their lives. The strengthening of the environmental rule of law correlates with the reciprocal synergy and interdependence on environmental rights and human rights as highlighted by the Special Rapporteurs of the United Nations under the scope of the 1998 United Nations Declaration on Human Rights Defenders. The Escazú Agreement and the Aarhus Convention are among the latest developments of legal and institutional guarantees for environmental defenders: a legal protection clause in the Escazú Agreement for human rights defenders in environmental matters and the setting of a new Special Rapporteur on environmental defenders for the Aarhus parties as a rapid response mechanism, under Article 3(8). The most recent trends on climate litigation have reached the European Court of Human Rights with several pending applications on greenhouse emissions and compliance with the Paris Agreement that merits attention, as well as the protection of human rights defenders in the case-law and the third-party interventions of the Council of Europe (COE) Commissioner for Human Rights.
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Haasdijk, S. "The Lack of Uniformity in the Terminology of the International Law of Remedies." Leiden Journal of International Law 5, no. 2 (October 1992): 245–63. http://dx.doi.org/10.1017/s0922156500002491.
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The terminology regarding remedies in the field of international responsibility is far from uniform, either in literature, as well as in case law, diplomatic practice etc.. This state of affairs is bound to have its impact on the codification of state responsibility by the International Law Commission. Was this ‘terminology-problem’ tackled by the International Law Commission and its Special Rapporteurs?
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Subedi, Surya P. "Protection of Human Rights through the Mechanism of UN Special Rapporteurs." Human Rights Quarterly 33, no. 1 (2011): 201–28. http://dx.doi.org/10.1353/hrq.2011.0011.
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Human Rights Law in Africa, Editors. "MANDATES OF THE SPECIAL RAPPORTEURS AND WORKING GROUPS APPOINTED BY THE AFRICAN COMMISSION." Human Rights Law in Africa Online 1, no. 1 (2004): 599. http://dx.doi.org/10.1163/221160604x00305.
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Фируза Хамдамова. "СОТРУДНИЧЕСТВО В СФЕРЕ ОБЕСПЕЧЕНИЯ ПРАВ ЖЕНЩИН РЕСПУБЛИКИ УЗБЕКИСТАН С ОРГАНАМИ ООН ПО ПРАВАМ ЧЕЛОВЕКА: ТЕКУЩЕЕ СОСТОЯНИЕ И ПЕРСПЕКТИВЫ РАЗВИТИЯ." World Science 2, no. 12(52) (December 30, 2019): 38–46. http://dx.doi.org/10.31435/rsglobal_ws/30122019/6838.
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The article is devoted to the issues of cooperation of Uzbekistan with UN human rights bodies in the field of women's rights. The author considers issues of cooperation with the UN human rights treaty bodies, subsidiary bodies and specialized agencies, as well as with special UN rapporteurs and programs on ensuring and protecting human rights. The article highlights the main directions and forms of cooperation in this direction. An overview of the recommendations of these structures regarding Uzbekistan and the results of cooperation is given.
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Rosenstock, Robert. "The Forty-ninth Session of the International Law Commission." American Journal of International Law 92, no. 1 (January 1998): 107–12. http://dx.doi.org/10.2307/2998070.
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The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.
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Dibbets, Alicia. "Public Service Professionals as Human Rights Actors: Positioning the Social Worker." Human Rights Quarterly 46, no. 1 (February 2024): 118–39. http://dx.doi.org/10.1353/hrq.2024.a918542.
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ABSTRACT: Daily decisions taken by public service professionals such as social workers may directly impact their client’s rights, especially if they are working in a law and policy context that is questionable in human rights terms. This article takes a novel approach by exploring what human rights roles are attributed to public service professionals by United Nations (UN) Treaty Bodies and UN Special Rapporteurs. The analysis reveals that the narrow conceptualization of human rights roles offered by (interpretations of) international human rights law may in fact diminish the potential of public service professionals to make a real contribution to human rights realization.
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Skuratova, A. Yu, and E. E. Korolkova. "Private military and security companies in international law." Moscow Journal of International Law, no. 4 (December 31, 2020): 81–94. http://dx.doi.org/10.24833/0869-0049-2020-4-81-94.
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INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.
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Lammers, Johan G. "Immunity of International Organizations." International Organizations Law Review 10, no. 2 (June 20, 2014): 276–86. http://dx.doi.org/10.1163/15723747-01002003.
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In December 1958, the General Assembly invited the International Law Commission to consider the question of relations between states and intergovernmental international organizations after undertaking a study of diplomatic intercourse and immunities, consular intercourse and immunities and ad hoc diplomacy. This paper presents a brief overview of the work of the ilc over a period of 30 years, which was led by two Special Rapporteurs: Abdullah El-Erian (1962–1979); and Leonardo Díaz González (1979–1992). In 1992, the ilc decided to discontinue its work on this topic: this paper will outline the main reasons given by the ilc for this decision, and draw some conclusions from the work of the ilc in this area.
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Naples-Mitchell, Joanna. "Perspectives of UN special rapporteurs on their role: inherent tensions and unique contributions to human rights." International Journal of Human Rights 15, no. 2 (February 2011): 232–48. http://dx.doi.org/10.1080/13642987.2011.537468.
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Khalil, Mona Ali. "Immunity Is Not Impunity." Journal of International Peacekeeping 24, no. 1-2 (May 24, 2021): 143–63. http://dx.doi.org/10.1163/18754112-20210002.
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Abstract The Chapter seeks to dispel the myth that the immunity of the United Nations amounts to impunity. Accountability is, in fact, required by the applicable law and established policy and practice of the Organization. Immunity and accountability are two co-equal pillars of the 1946 Convention on the Privileges and Immunities of the United Nations and the Status of Forces Agreement. While the UN does enjoy immunity from legal process, it is obliged to provide appropriate modes of settlement of private law disputes to which it is a party. In the case of Cholera in Haiti, the UN Secretariat, the other UN principal organs and UN Member States all failed to ensure respect for the obligations of the United Nations. If even one of them had fulfilled its role properly, then justice could have been done. Thus far, with the notable exception of the human rights special rapporteurs, all have failed to do so.
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Qafisheh, Mutaz, and Osayd Awawda. "The Implementation of Human Rights Conventions at the National Level: The Case of Palestine." International Review of Law 9, no. 1 (December 1, 2020): 11–52. http://dx.doi.org/10.29117/irl.2020.0091.
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The accession of the State of Palestine to seven core human rights conventions provides an opportunity for lawyers and judges for implementing those conventions at the domestic level, especially in a plural legal system with multiple traditions that contradict international standards. Lawyers may plead before courts to apply such conventions by relying on the interpretation endorsed by United Nations treaty bodies: general comments, concluding observations, and decisions on individual complaints. Lawyers and other legal practitioners may refer to reports of human rights Special Rapporteurs, along with the juridical interpretation methods, including official/authentic languages, preparatory works, historical sources, along with scholars’ opinions. This article deals with the relationship between international human rights conventions and domestic law in Palestine. Each section presents the measures that have been taken by Palestine in relation with the UN monitoring committees and comprises two hypothetical examples as cases to demonstrate the convention’s relation to existing legislation and practices.
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Rosenstock, Robert. "The Forty-Sixth Session of the International Law Commission." American Journal of International Law 89, no. 2 (April 1995): 390–95. http://dx.doi.org/10.2307/2204212.
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The International Law Commission of the United Nations held its forty-sixth session from May 2 to July 22, 1994, under the chairmanship of Professor Vladlin Vereshchetin of Russia.The Commission had one of its most productive sessions. It completed a second draft of a statute for an international criminal court; completed its second reading on nonnavigational uses of international watercourses; completed, provisionally on first reading, a discrete portion of its work on liability for injurious consequences arising out of acts not prohibited by international law; considered aspects of state responsibility; began its second reading on the Draft Code of Crimes; and appointed Vaclav Mikulka and Alain Pellet, respectively, as special rapporteurs for the new topics of “State succession and its impact on the nationality of natural and legal persons” and “the law and practice relating to reservations to treaties.” It is the intention of the Commission to conclude its work on these two topics during the current term, i.e., by 1996.
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Wood, Michael. "Lessons from the ILC’s Work on ‘Immunity of State Officials’: Melland Schill Lecture, 21 November 2017." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 34–69. http://dx.doi.org/10.1163/18757413_022001003.
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The topic Immunity of State officials from foreign criminal jurisdiction has been on the programme of work of the International Law Commission since 2007. After ten reports from two Special Rapporteurs, by June 2019 it has yet to complete a first reading, not least because the topic has proved highly contentious both within the Commission and among States. The Commission could only adopt a central provision (on exceptions to immunity ratione materiae), exceptionally, having recourse to voting. There are several lessons to be learnt from the handling of the topic over the last twelve years, including for such crucial aspects of the Commission’s working methods as the choice of topics; the need for a clear view of the Commission’s aim in taking up a topic; the need for rigour in assessing the current state of international law; the importance of dialogue, within the Commission and between the Commission and States; and the utility or otherwise of voting.
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Heller, Léo, Catarina De Albuquerque, Virginia Roaf, and Alejandro Jiménez. "Overview of 12 Years of Special Rapporteurs on the Human Rights to Water and Sanitation: Looking Forward to Future Challenges." Water 12, no. 9 (September 17, 2020): 2598. http://dx.doi.org/10.3390/w12092598.
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The year 2020 marks the 10th anniversary of the United Nations (UN) resolution that recognized the human rights to water and sanitation (HRtWS), and is the last year of the second mandate of the Special Rapporteurs (SRs), spanning 12 years in total. This paper discusses the challenges in the fulfilment of the rights through the work of the SRs, based on an analysis of the twenty-three country visits, seven follow-up reports, and twenty-two thematic reports elaborated during this time. While policy, regulation and finance receive the most attention from the SRs, the analysis of the follow-up reports show that the SRs’ recommendations alone might not be enough to trigger structural changes at country level. Aspects of accountability, equality and nondiscrimination also stand out in the work of the SRs. Based on the analysis, the last section identifies topics, settings, and groups that require further attention from a human rights perspective including: extraterritorial obligations, including transboundary waters; the UN and the HRtWS; climate change; public provision of water and sanitation services; drinking water quality control and surveillance; rural sanitation; indigenous peoples; sanitation workers; informal settlements; and capacity development.
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Wiener, Michael. "The Mandate of the Special Rapporteur on Freedom of Religion or Belief—Institutional, Procedural and Substantive Legal Issues." Religion & Human Rights 2, no. 1-2 (2007): 3–17. http://dx.doi.org/10.1163/187103107x218911.
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AbstractThe Role of the UN Special Rapporteur on Freedom of Religion or Belief has already been outlined by Carolyn Evans in the first issue of Religion and Human Rights on pages I:75–96. In the meantime, a doctoral thesis on the mandate of the Special Rapporteur was submitted by Michael Wiener to the Law Faculty at Trier University in Germany. e following article is the annotated English summary of this 350 pages strong thesis which has recently been published with the title Das Mandat des UN-Sonderberichterstatters über Religions- oder Weltanschauungsfreiheit—Institutionelle, prozedurale und materielle Rechtsfragen (Peter Lang, Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2007). It explores various legal issues of the mandate in terms of institutional, procedural and substantive questions that have arisen in the Special Rapporteur's mandate practice from 1986 to 2006.
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Mccaffrey, Stephen C. "The Fortieth Session of the International Law Commission." American Journal of International Law 83, no. 1 (January 1989): 153–71. http://dx.doi.org/10.2307/2202801.
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The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.
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Crawford, James. "The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect." American Journal of International Law 96, no. 4 (October 2002): 874–90. http://dx.doi.org/10.2307/3070683.
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The development of the articles on state responsibility of the International Law Commission (ILC) has been described elsewhere, in particular in the ILC’s Yearbook. The phases of development of the first (1955-1996) andsecond (1998-2001) readings are well enough known, and there is little point in repeating this material. Whatever the trials and longueurs of their production, the articles with their commentaries now exist and may be assessed as a whole.The first reading was the product of decades of work under successive special rapporteurs (Roberto Ago, Willem Riphagen, and Gaetano Arangio-Ruiz). The second readingwas equally a collective process and many members contributed to the final result. As I was formally responsible for shaping the work on second reading, I may not be the best person to comment on the outcome. Anything less than a full-scale defense of the text will be seen as an unauthorized retreat, and if the text cannot defend itself with the aid of the commentaries, it is too late for individuals to make up for any deficiencies.
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Alegre, Susie. "Regulating around freedom in the “forum internum”." ERA Forum 21, no. 4 (October 6, 2020): 591–604. http://dx.doi.org/10.1007/s12027-020-00633-7.
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AbstractRegulation of the digital space has, so far, focused on the rights to privacy and data protection or the right to freedom of expression. But the increased impact of digital technology and artificial intelligence (AI) on the way we think, feel and behave calls for a new perspective on regulation to protect our rights to freedom of thought and opinion in the “forum internum.” These rights are absolute rights and, as such, require a different and radical approach to regulation including the potential to ban the use of technology that interferes with our minds in any sphere. International and regional organisations like the Council of Europe and UN Special Rapporteurs are increasingly recognising the risks posed by technology for human agency and autonomy. There is an opportunity for Europe to take the lead in regulating digital technology to protect freedom of thought and the potential for innovation in the future. This requires a new approach that must embed the Precautionary Principle in technological research and development as well as the definition of practices that may never be permissible.
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Abebe, Allehone Mulugeta. "Special rapporteurs as law makers: the developments and evolution of the normative framework for protecting and assisting internally displaced persons." International Journal of Human Rights 15, no. 2 (February 2011): 286–98. http://dx.doi.org/10.1080/13642987.2011.537471.
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Barbanel, Dove. "No Remedy to Cholera in Haiti: How the UN Undermines Human Rights." Journal of Human Rights Practice 13, no. 2 (July 1, 2021): 386–406. http://dx.doi.org/10.1093/jhuman/huab040.
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Abstract UN Peacekeepers stationed on the banks of Haiti’s largest river, the Artibonite, unleashed a cholera epidemic upon the country ten years ago, but the almost one million people affected still have not seen justice. This, despite the mobilization of grassroots organizations, human rights professionals, students, journalists and independent experts in international human rights law. This article aims to articulate rights violations in the Haiti cholera case, discuss the lack of accountability, and analyse efforts by advocates to overcome obstacles to justice through a multi-faceted intervention involving the UN Special Procedures system. Human rights-based approaches to UN accountability coupled with analyses of the UN’s organizational immunity foreground the continued lack of remedy for the victims of cholera, which is a violation of their human rights attributable to the UN. In conducting public advocacy and investigating the issue of UN responsibility for cholera in Haiti, UN Special Rapporteurs like Philip Alston also relied on a human-rights based approach that built some public pressure for accountability. While advocates continue to push for accountability after a 10-year epidemic, and accountability is possible, the as-yet unsatisfactory resolution to the Haiti cholera case points to a need for UN reform to create more local, democratic structures of governance that are responsive to human rights obligations, in the face of considerable political, economic and social forces in Haiti and internationally that weigh against accountability.
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Namala, Paul Divakar. "Norm Entrepreneurship at the UN - Dalits and Communities Discriminated on Work and Descent." CASTE / A Global Journal on Social Exclusion 2, no. 2 (December 18, 2021): 235–64. http://dx.doi.org/10.26812/caste.v2i2.339.
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Human rights are rights inherent to all human beings. However, caste-based discrimination is one of the areas that most human rights mechanisms overlook. As a result of several interventions by Dalit and human rights organisations, the erstwhile United Nations body, in 2000, has termed it ‘discrimination based on work and descent’. The above Dalit and other International organisations have also brought evidence before the UN Committee on the Elimination of Racial Discrimination which has endorsed caste-based discrimination as part of the discrimination based on descent, in Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Further, it was also brought to the notice of various Special Rapporteurs and UN Committees that communities discriminated on work and descent (CDWD) face severe human rights violations and abuses that continue to restrain the socio-economic development of these specific groups of people in several countries globally. Dalit organizations and their solidarity bodies have gone ahead through a process of ‘norm entrepreneurship’ at the UN levels. This article narrates and analyses the challenges and human rights consequences of caste and discrimination based on work and discusses the norm entrepreneurship journey of Dalits and CDWD at the UN level.
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Bekker, Peter H. F. "The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment." Leiden Journal of International Law 6, no. 1 (April 1993): 3–16. http://dx.doi.org/10.1017/s0922156500001618.
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The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.
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Subedi, Surya P., Steven Wheatley, Amrita Mukherjee, and Sylvia Ngane. "The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms." International Journal of Human Rights 15, no. 2 (February 2011): 155–61. http://dx.doi.org/10.1080/13642987.2011.537463.
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Bederman, David J. "Counterintuiting Countermeasures." American Journal of International Law 96, no. 4 (October 2002): 817–32. http://dx.doi.org/10.2307/3070680.
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The adoption in August 2001 by the International Law Commission (ILC) of its articles on responsibility of states for internationally wrongful acts well and truly brings to a close the twentieth century’s engagement with international law as (in Martti Koskenniemi’s memorable refashioning of George Kennan’s savage critique) a “gentle civilizer of nations.” Including the entry into force of the Rome Statute of the International Criminal Court, the seven pillars of international legal codification have been completed with some form of assistance by the ILC: diplomatic immunities, the law of the sea, a comprehensive law of treaties, the Nuremberg Principles, andjurisdictional immunities of states. Indeed, the articles on state responsibility may represent an even greater methodological challenge for international law codification because they pose fundamental questions regarding the identity and nature of states. Like the Montevideo Convention on Rights and Duties of States and the ILC’s own somewhat obtuse efforts on the international law of state succession, the articles on state responsibility go to the intellectual core of public international law by delimiting the character of states and the nature of their obligations when they interact with other international actors. Perhaps, then, it is no surprise that the ILC’s journey into that doctrinal realm took over half a century, and consumed the attention of five special rapporteurs and countless Commission members.
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Ssenyonjo, Manisuli. "Responding to Human Rights Violations in Africa." International Human Rights Law Review 7, no. 1 (June 19, 2018): 1–42. http://dx.doi.org/10.1163/22131035-00701003.
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This article examines the main achievements and challenges of Africa’s two regional bodies established to ensure the implementation of human rights in Africa. It makes an assessment of the role of Africa’s oldest regional human rights body, the African Commission on Human and Peoples’ Rights (African Commission) in the last 31 years of its operation (from 1987–March 2018). It also considers the judicial role of the African Court on Human and Peoples’ Rights (African Court) in the last 12 years of its operation (from 2006–March 2018). The increasing contribution of both the Commission and the Court to the protection of human rights under the African Charter on Human and Peoples’ Rights is rarely subjected to scrutiny in mainstream human rights literature. The article is limited to the consideration of the Commission’s contribution with respect to: (i) decisions on admissibility of communications concerning mainly exhaustion of domestic remedies; (ii) decisions on merits of communications; (iii) adoption of resolutions, principles/guidelines, general comments, model laws and advisory opinions; (iv) special rapporteurs and working groups to deal with thematic human rights issues; (v) consideration of State reports and conducting on-site visits; and (vi) referral of communications to the African Court involving unimplemented interim measures, serious or massive human rights violations, or the Commission’s findings on admissibility and merits.
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Philippova, Natalya I. "Israel and apartheid: Opinion of human rights NGOs, and Israeli Government denials." Asia and Africa Today, no. 11 (2022): 36. http://dx.doi.org/10.31857/s032150750020143-9.
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Between 2019 and early 2022 more than 15 human rights NGOs have brought accusations against Israel regarding the presence of signs of apartheid both in the territory of the State of Israel and in the occupied territories. Based on documents of international law (the International Convention against the Crime of Apartheid and the Rome Statute), NGOs (national and international) have presented in a number of reports why the reality in which the Palestinian people live should be called apartheid. Although the term ‘apartheid’ has no geographic reference, its use for systems established outside of South Africa is very rare and highly controversial. However, accusations against Israel, which have been going on for a long time, are gaining popularity and are also reflected in the reports of the Special Rapporteurs on the situation of human rights in the occupied Palestinian territories, which are mainly based on data provided by NGOs. Israel contends that these accusations are false and have nothing to do with reality. Thus, the Israeli authorities have repeatedly stated that in this way human rights organizations promote hate, incitement, violence, and terror. Despite the tendentious nature of the information, NGOs have a significant impact on the image of the Jewish state and on public opinion in the context of supporting the Palestinian people’s right to self-determination, although they will not make changes to Israel’s policy.
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Nanri, Takahiro. "Initiatives to address leprosy as a human rights issue through the mandate of UN Special Rapporteur: Achievements and challenges." PLOS Neglected Tropical Diseases 16, no. 3 (March 17, 2022): e0010201. http://dx.doi.org/10.1371/journal.pntd.0010201.
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Leprosy, or Hansen’s disease, is one of the oldest infectious diseases in the world. It has long been associated with stigma and discrimination, but only in recent years has this aspect been formally recognized by the international community as a human rights issue. The UN Human Rights Council first adopted a resolution on leprosy in 2008, and this was later followed by a UN General Assembly resolution in 2010. Nonbinding principle and guidelines on elimination of discrimination against persons affected by leprosy and their family members accompanied the 2010 resolution, but these have yet to be fully implemented. In 2017, the Human Rights Council appointed a Special Rapporteur on leprosy to investigate the extent to which the principles and guidelines have been implemented, and her term was extended for a further 3 years in 2020. Considering the proper implementation of the principles and guidelines to be key to eliminating the discrimination that persons affected by leprosy and their families face in various parts of the world, this paper looks at the contribution the Special Rapporteur can make. Based on an assessment of her activities to date, it concludes that the Special Rapporteur has actively worked to build networks with persons affected by leprosy and related organizations and gain their trust, but has faced challenges in organizing official country visits. It goes on to analyze what sort of legacy the Special Rapporteur should aim to leave behind after completing her second term and how she can go about doing so in the time remaining. To this end, it makes 5 suggestions: (1) gather information systematically on the actual situation of discrimination; (2) compile a collection of success stories; (3) ensure that there is consistency between legally binding international covenants and treaties and the principles and guidelines; (4) present proposals for concrete actions that can be taken after the Special Rapporteur’s second term ends; and (5) initiate a feasibility study on creating an “index” and “indicators” to measure the current status of stigma and discrimination and the extent to which the principles and guidelines have been implemented.
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Zeman, І. "The importance of a doctrine in the contemporary international law codification." Uzhhorod National University Herald. Series: Law 2, no. 76 (June 14, 2023): 227–31. http://dx.doi.org/10.24144/2307-3322.2022.76.2.36.
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The article analyzes the key methods of legal acts systematization from the general law theory perspective and describes the peculiarities of the procedure for the arrangement, improvement and the update of normative legal acts in international law.It is noted that codification is the most important law-making method in the contemporary international law, and the UN International Law Commission is one of the key institutions that successfully carries out this work.It is pointed out that the Commission has invested a considerable amount of effort into clarification and systematization of main sources of international law such as an international treaty, an international custom, and general principles of law.
It is emphasized that the interaction and linkage between the main sources of international law and the subsidiary means for the determination of international law rules, i.e. court decisions and the doctrines of the most qualified international lawyers, have largely remained vague, complicated and unregulated to date.It is indicated that a scientific doctrine is ambiguously applied in the practice of international courts which justify their rulings with regard to the judicial decisions and works of the UN International Law Commission. Similarly, the Special Rapporteurs of the Commission refer to the practice of international and national courts and the scientific doctrine.A special model of international legal norms codification during the third UN Conference on the Law of the Sea involving the application of innovative and unprecedented negotiation methods and procedures is also highlighted. It is underlined that the successful preparation of the 1982 UN Convention on the Law of the Sea is attributed to the fact that the text of the future treaty was gradually drafted during the conference itself, the proposals were submitted by individual states or the groups of states, legal experts and lawyers had a special influence on the formation of the treaty provisions.It is emphasized that a detailed study of the doctrine’s influence on the codification of international law will enable its subjects to better understand the main practical and theoretical approaches adopted by international courts and international organizations in the decision-making procedure.
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Wood, Michael, and Omri Sender. "Identifying the Rules for Identifying Customary International Law: Response From Michael Wood and Omri Sender." AJIL Unbound 108 (2014): 196–98. http://dx.doi.org/10.1017/s2398772300002154.
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We are grateful to AJIL Unbound for organizing this symposium on the work of the International Law Commission on identification of customary international law. We are particularly grateful to all who have contributed to the symposium for their interest and insights.We shall not here reply comprehensively to everything that has been said. Many points will be addressed in the Special Rapporteur’s third report, to be submitted to the UN Secretariat toward the end of March 2015 in preparation for the Commission’s session beginning in May 2015. We would only say that many of the points made in the symposium thus far seem eminently sensible, and will hopefully be seen as such by the Commission. It has to be noted, however, that the work of the Commission is collegiate, and the eventual output does not belong to the Special Rapporteur (who is just a facilitator) but to the Commission as a whole—and eventually to the General Assembly and the international community.
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Gestri, Marco. "THE SHALABAYEVA CASE: ISSUES OF INTERNATIONAL AND EU LAW." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 243–67. http://dx.doi.org/10.1163/22116133-90230046.
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The article discusses some issues of international and European Union (EU) law raised by the expulsion from Italy, and repatriation to Kazakhstan, of Alma Shalabayeva and her daughter, a minor. The expulsion has been described as constituting an act of “extraordinary rendition” by three UN Special Rapporteurs and is said to have manifestly violated the rights of the interested individuals to receive asylum, or other international protection, as well as the principle of non-refoulement. Italy’s conduct has also been castigated from an EU law perspective, notably for alleged violations of the Schengen acquis and of the EU’s Returns Directive. The author assesses these allegations in the light of the documentation currently available and of the Italian legal framework on migration, arguing that some of the accusations against Italy were proffered without thorough and objective analysis of the factual and legal background. As to the alleged violation of the non-refoulement principle, a diversified picture emerges, with regard to expulsions to Kazakhstan, both from European Court of Human Rights (ECtHR) case law and from recent decisions of national courts on similar cases. Besides, it is not clear whether the failure to consider some crucial elements, in the course of the repatriation procedure, resulted from wilful or negligent conduct on the part of the Italian authorities, or from the reluctance of the individual concerned to produce certain information. At the same time, the author points out that the expulsion procedure carried out in respect of Shalabayeva and her daughter raises a number of legal questions, notably as to the respect of some obligations stemming from Italian immigration law and from the EU Returns Directive.
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Kolomoiets, K. S. "International legal regulation of the right to benefit from scientific progress and its application at the universal level." Uzhhorod National University Herald. Series: Law 3, no. 82 (June 10, 2024): 220–27. http://dx.doi.org/10.24144/2307-3322.2024.82.3.35.
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The article analyzes international legal acts (the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind, the Universal Declaration on the Human Genome and Human Rights, the International Declaration on Human Genetic Data, the Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, reports of the Special Rapporteurs of the UN Human Rights Council, UNESCO recommendations, General Comment No. 25 on Science of the UN Committee on Economic, Social and Cultural Rights, etc.), adopted within international intergovernmental organizations at the universal level regarding the right to benefit from scientific progress and its application. The article focuses on the normative content of the studied right, in particular, it reveals the content of the concepts “results of scientific progress”, which means material results of the application of scientific research, and “practical application”, which should be understood as the use of scientific achievements to solve specific problems and meet specific needs of the population. The article also emphasizes the role of soft law instruments and international treaties as tools for reflecting the consensus among states on the need to promote the development of science as a public good available to all, and to integrate human rights norms and principles into the development and advancement of science, technology and related policies. The article serves as a theoretical basis for further research of a unified approach to understanding the right to benefit from scientific progress and its application.
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Scott, Jessica. "From Environmental Rights to Environmental Rule of Law: A Proposal for Better Environmental Outcomes." Michigan Journal of Environmental & Administrative Law, no. 6.1 (2016): 203. http://dx.doi.org/10.36640/mjeal.6.1.from.
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With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special Rapporteur’s report highlighted the problem of drinking water contaminated from lead pipes and the disproportionate burdens Black Americans face in accessing safe drinking water. The report argues that the U.S. should address these issues by explicitly recognizing a human right to safe drinking water and sanitation under U.S. law. Like the Special Rapporteur, much of the literature and some environmental advocates call for environmental rights as a critical approach to improving environmental outcomes. Existing literature indicates that constitutional recognition of environmental rights is indeed correlated with superior environmental performance at the national level. However, there are numerous examples of countries with constitutional environmental provisions that have poor environmental performance, and there are notable examples of countries without environmental rights, like the United States, that have relatively strong environmental performance. With certain tragic exceptions like Flint, Americans enjoy near-universal access to safe and reliable drinking water and sanitation services (by the Special Rapporteur’s own admission). On the other hand, countries like Egypt, Bangladesh, and Senegal have constitutionally recognized environmental rights, but have inferior environmental performance. Why does a country like the U.S. have relatively good environmental outcomes, despite its failure to recognize a right to a clean environment? And to improve a country’s environmental performance, should environmental advocates focus on recognition of environmental rights, or on something else? This Article argues that rule of law is the answer to both of these questions. Rule of law is a broad concept that includes the accountability of the government under the law; the clarity, stability, fairness, and public nature of laws; the accessibility, fairness, and efficiency of the process by which laws are enacted, administered and enforced; and the competence, independence, and ethics of adjudicators, attorneys, and judicial officers. This Article presents an empirical analysis demonstrating that there is a correlation between countries with strong rule of law and superior environmental performance. This correlation is in fact a stronger correlation than that between environmental protection provisions in constitutions and environmental performance. This Article argues that these results can be explained by a variety of considerations, including that: 1) rights are meaningless without the ability to exercise them; 2) rule of law ensures that civil society can get the most out of whatever environmental laws and rights exist in any given legal system; and 3) rule of law measurements capture more information than a simple assessment of whether a right is on the books. This Article concludes by suggesting that environmental advocates should shift their focus from working towards greater recognition of environmental rights to strengthening rule of law.
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Corson, Catherine, Julia Worcester, Sabine Rogers, and Isabel Flores-Ganley. "From paper to practice? Assembling a rights-based conservation approach." Journal of Political Ecology 27, no. 1 (December 26, 2020): 1128–47. http://dx.doi.org/10.2458/v27i1.23621.
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Drawing on a collaborative ethnographic study of the 2016 International Union for the Conservation of Nature World Conservation Congress (WCC), we analyze how Indigenous peoples and local community (IPLC) rights advocates have used a rights-based approach (RBA) to advance long-standing struggles to secure local communities' land and resource rights and advance governing authority in biodiversity conservation. The RBA has allowed IPLC advocates to draw legitimacy from the United Nations system—from its declarations to its special rapporteurs—and to build transnational strategic alliances in ways they could not with participatory discourses. Using it, they have brought attention to biodiversity as a basic human right and to the struggle to use, access, and own it as a human rights struggle. In this article, we show how the 2016 WCC provided a platform for building and reinforcing these alliances, advancing diverse procedural and substantive rights, redefining key principles and standards for a rights-based conservation approach, and leveraging international support for enforcement mechanisms on-the-ground. We argue that, as advocates staked out physical and discursive space at the venue, they secured the authority to shape conservation politics, shifting the terrain of struggle between strict conservationists and community activists and creating new conditions of possibility for advancing the human rights agenda in international conservation politics. Nonetheless, while RBAs have been politically successful at reconfiguring global discourse, numerous obstacles remain in translating that progress to secure human rights to resources "on the ground", and it is vital that the international conservation community finance the implementation of RBA in specific locales, demand that nation states create monitoring and grievance systems, and decolonize the ways in which they interact with IPLCs. Finally, we reflect on the value of the Collaborative Event Ethnography methodology, with its emphasis on capturing the mundane, meaningful and processual aspects of policymaking, in illuminating the on-going labor entailed in bringing together and aligning the disparate elements in dynamic assemblages.Keywords: Human rights, global conservation governance, collaborative event ethnography, Indigenous peoples
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KATEKA, JAMES L. "John Dugard's Contribution to the Topic of Diplomatic Protection." Leiden Journal of International Law 20, no. 4 (December 2007): 921–30. http://dx.doi.org/10.1017/s0922156507004530.
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An overview of the Draft Articles on Diplomatic Protection is followed by an assessment of the role of the Special Rapporteur, Professor John Dugard. It is concluded that the Special Rapporteur played a crucial role in the Commission's achievement on the topic.
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Mendez, J. E. "Special Rapporteur's reply to Summerfield." BMJ 349, jul09 6 (July 9, 2014): g4382. http://dx.doi.org/10.1136/bmj.g4382.
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SHIRYOVA, I. V. "MANDATE AND ACTIVITIES OF THE SPECIAL RAPPORTEUR ON THE NEGATIVE IMPACT OF UNILATERAL COERCIVE MEASURES ON THE ENJOYMENT OF HUMAN RIGHTS." Economic Problems and Legal Practice 20, no. 2 (April 28, 2024): 147–53. http://dx.doi.org/10.33693/2541-8025-2024-20-2-147-153.
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The article discusses issues related to the mandate and activities of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, sanctions.It is obvious that since the establishment of the mandate of the Special Rapporteur on the negative impact of unilateral coercive measures, there remains a need to extend the activities of this Special Procedure, since further work is required to assess the impact of unilateral coercive measures imposed bypassing the UN Security Council and their consequences on human rights and the achievement of sustainable development goals.
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Connell, Tula. "‘Labor Rights Are Human Rights’: An Interview with Maina Kiai, UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association." Journal of Working-Class Studies 2, no. 1 (June 1, 2017): 95–104. http://dx.doi.org/10.13001/jwcs.v2i1.6053.
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Although the 1948 Universal Declaration of Human Rights includes the right to freedom of peaceful assembly and association among its thirty articles, more than sixty years elapsed before working people’s rights to form unions and assemble was accorded attention by the United Nations Human Rights Council (UNHRC). The omission of worker rights’ issues reflects a global international perspective that historically has not embraced workplace rights within the larger human rights framework. The UNHRC’s appointment of a Special Rapporteur on the rights to freedom of peaceful assembly and of association in 2011 marked a noteworthy step in broadening the dialogue. Special Rapporteur Maina Kiai has strongly argued that a first step toward addressing the harsh effects of globalization on millions of workers around the world begins with the eradication of the artificial distinction between labor rights and human rights. As Special Rapporteur, Kiai has underscored the centrality of the global working class, and argued that the ability of the working class to exercise fundamental workplace rights is a prerequisite for a broad range of other rights, whether economic, social, cultural or political.
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Karski, Karol, and Tomasz Kamiński. "Treaty-Making Capacity of Components of Federal States from the Perspective of the Works of the UN International Law Commission." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 9. http://dx.doi.org/10.21697/priel.2016.5.2.01.
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The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.
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Bull, Ray. "Improving the Interviewing of Suspects Using the PEACE Model: A Comprehensive Overview." Canadian Journal of Criminology and Criminal Justice 65, no. 1 (January 1, 2023): 80–91. http://dx.doi.org/10.3138/cjccj.2023-0003.
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In light of psychological research, a growing number of countries/organizations have decided to adopt a model/approach of “investigative interviewing” of suspects that does not rely on coercive or oppressive methods. In 2016, the United Nations’ “Special Rapporteur on torture and other cruel, inhumane or degrading treatments” (law professor Juan Mendez) submitted his report to the United Nations, which stated that “The Special Rapporteur … advocates the development of a universal protocol identifying a set of standards for non-coercive interviewing methods and procedural safeguards that ought, as a matter of law and policy, to be applied at a minimum to all interviews by law enforcement officials, military and intelligence personnel and other bodies with investigative mandates.” When mentioning this “universal protocol” in 2016, the U.N. Special Rapporteur noted that “The essence of an alternative information-gathering model was first captured by the PEACE model of interviewing adopted in 1992 in England and Wales … investigative interviewing can provide positive guidance for the protocol.” The “universal protocol” took three years to produce and was published in 2021. This article will overview (i) the evolution of the PEACE method, (ii) some of the research on effectiveness of aspects of the PEACE method, and (iii) the 2021 publication called Principles of Effective Interviewing.
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Shandurenko, Galina V. "Visit to the Russian State Library of the Special Rapporteur of the United Nations in the Field of the Cultural Rights." Bibliotekovedenie [Russian Journal of Library Science], no. 3 (June 22, 2012): 84–86. http://dx.doi.org/10.25281/0869-608x-2012-0-3-84-86.
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