CYIL 2014

ARE INTERNATIONAL ORGANISATIONS BOUND BY INTERNATIONAL HUMAN RIGHTS… Hence it is not doubtful anymore whether international organisations have obligations under customary human rights law but rather what their scope and content are. In addition, the question could be raised whether international organisations with no specific mandate in the area of human rights also have positive human rights obligations, such as to protect or report on human rights. 90 However, those questions can hardly be answered in general terms simply because of large differences existing between international organisations as to their competences, functions, as the debate in relation to international development and financial organisations (UNDP, IMF, IBRD or the World Bank), 91 for example, shows. Going in depth into this discussion would not only go beyond the scope of this contribution but is also not necessary, as a significant body of literature exploring the topic of customary obligations under human rights law exists. 92 3.3 Human rights as general principles of international law In 1977 Bleckmann pointed out the existence of a part of international legal literature and jurisprudence requiring equal treatment of states and international organisations in international law and assuming that in areas in which no specific treaty rules applicable to international organisations exist (such as in the area of treaty law, diplomatic protection or compensation for damages) but practice in this regard is a normal case in the international community, then there is no other option than to apply customary international rules. 93 At the same time he assumed that the basis of international custom is often formed by general principles of international law, such as good faith, which are also applicable to international organisations simply because they are based on equity and thus must apply (when the circumstances are comparable) to both states and international organisations equally. 94 Moreover, international custom and general principles of law belong in the 90 WOUTERS, Jan, BREMS, Eva, SMIS, Stefaan, SCHMITT, Pierre. Introductory Remarks. Supra note 58, pp. 7-10; with regard to contractual obligations see also above. 91 Cf. BRADLOW, Daniel D. The World Bank, the IMF, and human rights. Transnational law & contemporary problems . 1996, vol. 6, no. 1, pp. 47 – 90; SKOGLY, Sigrun I. The human rights obligations of the World Bank and the International Monetary Fund . London: Cavendish: Cavendish Publishers, 2001; BENEDEK, Wolfgang, Koen DE FEYTER a Fabrizio MARRELLA. Economic globalisation and human rights . New York: Cambridge University Press, 2007. 92 Cf. MERON, Theodor. The humanization of International Law . Supra note 4, pp. 357 et seq .; DE SCHUTTER, Olivier. Human Rights and the Rise of International Organizations. Supra note 64, pp. 68-71; CLAPHAM, Andrew. Human rights obligations of non-state actors . Supra note 22, p. 85-91. See also very thought-provoking contribution to this debate by Simma and Alston , who speak of the emergence of „hard“ customary human rights law but plead against the tendency of stripping international custom of the traditional practice requirement for the sake of human rights idealism (SIMMA, Bruno, ALSTON, Philip. The Sources of Human Rights Law: Custom, jus cogens , and General Principles. Australian Yearbook of International Law . 1988-1989, vol. 12, pp. 82-108. esp. p. 107). 93 BLECKMANN, Albert. Zur Verbindlichkeit des allgemeinen Völkerrechts für Internationale Organisationen. Supra note 82, p. 108. 94 Ibid .

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