Common use of Interim conclusions Clause in Contracts

Interim conclusions. There are good arguments that international organisations, including the UN, are bound by treaties to which they have consented. Furthermore, they arguably are bound by general international law, that is, 226 Ibid., para. 12.19, fn. 65. 227 Another example concerns the UN Transitional Authority in East Timor (UNTAET). See UNTAET/REG/1999/1, 27 September 1999, Section 2 of which is largely identical to UNMIK/REG/1999/24, 12 December 1999, Section 1.3. 228 See further paragraph 2.4.2.1.1. 229 Art. 1.2 of UNMIK/REG/2006/12, 23 March 2006. Furthermore, UNMIK was the first UN operation to have submitted to human rights oversight by the Human Rights Committee. See ▇▇▇▇▇▇▇ et al. (2017), para. 12.29. 230 Also, Section 1.4 of UNMIK/REG/1999/24 inter alia prohibits discrimination by anyone ‘undertaking public duties or holding public office in Kosovo’, whereas Section 1.5 of said regulation abolished capital punishment. customary international law and general principles of law. However, the Member States, inter se, may ‘opt out’ of such obligations by clearly expressing a ‘desire’ to that effect. Further enquiry is required when it comes to jus cogens norms, including in relation to international organisations. Regarding the UN specifically, in addition to human rights obligations under general international law, in terms of treaty law, as discussed in detail in chapter 3, it incurs obligations under the General Convention. The UN may moreover be considered bound to respect human rights under the UN Charter, as its constitution, which rights are specified in the International Bill of Rights. As to the UN operation in Kosovo, UNMIK, it is moreover bound by a wide range of international human rights obligations, as per its own decision.

Appears in 3 contracts

Sources: Doctoral Thesis, Doctoral Thesis, Doctoral Thesis