The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies
UN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are allowed to...
| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_12224_dac839d1424c2d4c6a41a6998f6413b4.pdf |
| _version_ | 1827385188120788992 |
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| author | Alireza Ebrahimgol Seyed Ahmad Tabatabaei Lotfi Hasan Khosroshahi |
| author_facet | Alireza Ebrahimgol Seyed Ahmad Tabatabaei Lotfi Hasan Khosroshahi |
| author_sort | Alireza Ebrahimgol |
| collection | DOAJ |
| description | UN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are allowed to request interim measures in order to preserve the rights of the individuals claiming of being violated until the final views on the relevant communications are adopted. Whereas, final views adopted by Treaty Bodies are not per se binding and considering the lacuna in their founding instruments and rules of procedure, it is to be seen whether or not interim measures requested by these Bodies could be considered as having a binding force. In the present article, the legal nature of interim measures issued by the UN Human Rights Treaty Bodies is reviewed in light of legal doctrine and the jurisprudence of the said Bodies. |
| first_indexed | 2024-03-08T15:17:32Z |
| format | Article |
| id | doaj.art-b5d2b8192e5b44bc82d6053e8fc08713 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:32Z |
| publishDate | 2020-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-b5d2b8192e5b44bc82d6053e8fc087132024-01-10T10:51:58ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162020-09-01226822725610.22054/qjpl.2019.34842.192012224The Binding Nature of Interim Measures Issued by Human Rights Treaty BodiesAlireza Ebrahimgol0Seyed Ahmad Tabatabaei Lotfi1Hasan Khosroshahi2Assistant Professor, International Law, University of Tehran, Tehran College of Tehran, Tehran, IranAssistant Professor, International Law, University of Tehran, Tehran College of Tehran, Tehran, IranPh.D Student, International Law, University of Tehran, Tehran College of Tehran, Tehran, IranUN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are allowed to request interim measures in order to preserve the rights of the individuals claiming of being violated until the final views on the relevant communications are adopted. Whereas, final views adopted by Treaty Bodies are not per se binding and considering the lacuna in their founding instruments and rules of procedure, it is to be seen whether or not interim measures requested by these Bodies could be considered as having a binding force. In the present article, the legal nature of interim measures issued by the UN Human Rights Treaty Bodies is reviewed in light of legal doctrine and the jurisprudence of the said Bodies.https://qjpl.atu.ac.ir/article_12224_dac839d1424c2d4c6a41a6998f6413b4.pdfun human rights treaty bodieshuman rights committeecommittee against tortureinterim measuresbinding |
| spellingShingle | Alireza Ebrahimgol Seyed Ahmad Tabatabaei Lotfi Hasan Khosroshahi The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī un human rights treaty bodies human rights committee committee against torture interim measures binding |
| title | The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies |
| title_full | The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies |
| title_fullStr | The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies |
| title_full_unstemmed | The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies |
| title_short | The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies |
| title_sort | binding nature of interim measures issued by human rights treaty bodies |
| topic | un human rights treaty bodies human rights committee committee against torture interim measures binding |
| url | https://qjpl.atu.ac.ir/article_12224_dac839d1424c2d4c6a41a6998f6413b4.pdf |
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