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Commitment and ComplianceThe Role of Non-binding Norms in the International Legal System$
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Dinah Shelton

Print publication date: 2003

Print ISBN-13: 9780199270989

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199270989.001.0001

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Human Rights

Human Rights

Chapter:
(p.345) Chapter 7 Human Rights
Source:
Commitment and Compliance
Author(s):

Dinah Shelton

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199270989.003.0008

This chapter presents four case studies on human rights that analyze the use of non-binding norms in four contexts. The first presents the case of the Organization for Security and Cooperation in Europe (OSCE), whose participating states have deliberately chosen not to conclude treaties, but instead have adopted a series of legally non-binding normative instruments. The second considers the use of recommendations and non-binding instruments in the International Labor Organization (ILO), which also concludes treaties, and the extent to which compliance differs with the nature of the instrument. The third case study considers a similar dual normative structure in the Organization of American States (OAS). The fourth case study compares the McBride and Sullivan Principles, examples of increasingly frequent codes of conduct for transnational corporations.

Keywords:   international law, soft law, non-binding norms, compliance, human rights, Organization for Security and Cooperation in Europe, International Labor Organzation, Organization of American States, McBride Principle, Sullivan Principle

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