Inter-State Communications before United Nations Human Rights Treaty Bodies: Distinctive Features and Evolving Aims
In: Austrian Review of International and European Law OnlineSearch for other papers by Dr Rosana Garciandia in
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Abstract
In 2018, the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD Committee) received its first three inter-State communications since the Convention it monitors was adopted in 1965: Palestine v Israel, Qatar v Saudi Arabia and Qatar v United Arab Emirates. These were the first inter-State cases ever initiated before this or any other UN human rights treaty body, activating a mechanism which had laid dormant for decades. In August 2024, the ad hoc conciliation commission for Palestine v Israel published its final report, marking the first time that an inter-state communication before a UN treaty body reaches its final phase. The awakening of the mechanism has inspired new lines of research, testing the mechanism in the practice of the CERD Committee and triggering analysis of its procedural features in this and other treaties. What remains underexplored is the connection between those features and the aims that States and other actors envisage for the procedure. This article explores that connection and contends that any revision of the features of the mechanism that its use may bring should be informed by its aims, which are multiple and evolving. The article proceeds in three parts. The first part analyses distinctive features of the mechanism. The second part explores the evolution in the aims of inter-State communications in connection with those features. The third part concludes by reflecting on how those connections could inform forthcoming reforms of the mechanism.
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| All Time | Past 365 days | Past 30 Days | |
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Inter-State Communications before United Nations Human Rights Treaty Bodies: Distinctive Features and Evolving Aims
In: Austrian Review of International and European Law OnlineSearch for other papers by Dr Rosana Garciandia in
Current site
Google Scholar
PubMed
Abstract
In 2018, the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD Committee) received its first three inter-State communications since the Convention it monitors was adopted in 1965: Palestine v Israel, Qatar v Saudi Arabia and Qatar v United Arab Emirates. These were the first inter-State cases ever initiated before this or any other UN human rights treaty body, activating a mechanism which had laid dormant for decades. In August 2024, the ad hoc conciliation commission for Palestine v Israel published its final report, marking the first time that an inter-state communication before a UN treaty body reaches its final phase. The awakening of the mechanism has inspired new lines of research, testing the mechanism in the practice of the CERD Committee and triggering analysis of its procedural features in this and other treaties. What remains underexplored is the connection between those features and the aims that States and other actors envisage for the procedure. This article explores that connection and contends that any revision of the features of the mechanism that its use may bring should be informed by its aims, which are multiple and evolving. The article proceeds in three parts. The first part analyses distinctive features of the mechanism. The second part explores the evolution in the aims of inter-State communications in connection with those features. The third part concludes by reflecting on how those connections could inform forthcoming reforms of the mechanism.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 249 | 249 | 8 |
| Full Text Views | 23 | 23 | 0 |
| PDF Views & Downloads | 60 | 60 | 0 |
