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Shaping a Culture of Compliance
Traditionally, international law sees international
disputes as a matter to be resolved between the
contracting parties. International system of
adjudication is inexorably horizontal. Only states
have interest in settling a dispute and individuals do
not have a role in adjudication. Here an attempt has
been made to discuss the adjudication part of the
human rights instruments.
In international law, a nicety can be maintained
between human rights instruments and non-human right
instruments. This distinction has two dimensions.
First, non-human rights treaties generally do not have
treaty bodies for adjudication of dispute. On the
other hand, many human rights instruments create
treaty bodies and entrust them with the functions of
adjudication. Thought the effectiveness of such treaty
bodies is sometimes questionable, there is at lest
some forum to resolve humanitarian matters. Secondly,
in case of non-human rights treaties there is a very
good culture of compliance1. Apart form the two
paradigm exceptions in the Nicaragua and Iran Hostage
cases; state parties generally comply with their
treaty obligations. However, the same is not true for
human rights instruments. There are endless examples
of human right
Approximate Word count = 1519
Approximate Pages = 6 (250 words per page double spaced)
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