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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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Overseeing Human Rights Compliance

Overseeing Human Rights Compliance

(p.318) 26 Overseeing Human Rights Compliance
Realizing Utopia

Andrew Clapham

Oxford University Press

In imagining a realistic utopia for human rights compliance it is not enough to stress independent non-governmental organizations (NGOs), judicial training, treaty monitoring, periodic reviews, and national protection systems to hold governments accountable. Violence which emanates from beyond the state and which often has transnational dimensions also needs to be addressed. This is violence brought about by: private security companies; companies entrusted with public functions such as water supply or guarding detainees and prisoners; clothing manufacturers relying on sweatshop conditions and union free zones; rebel groups and armed gangs operating; and some activities of international organizations. To carry out effective monitoring, a combination of transnational and national NGOs are crucial. Furthermore, there is a need for a World Court for Human Rights. The Court would: encompass all human rights, including subsistence rights, collective rights, and the welfare rights that are central to addressing inequality; transnational actors would be both plaintiffs and defendants; and as the key to future protection lies in access to justice at the national level, the proposal for the World Court recognizes that, in thinking about human rights compliance, we need to take into account a multiplicity of priorities, actors, and national systems.

Keywords:   human rights compliance, non-governmental organizations, monitoring, World Court for Human Rights

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