Table of Contents Table of Contents
Previous Page  290 / 532 Next Page
Information
Show Menu
Previous Page 290 / 532 Next Page
Page Background

274

MARTIN FAIX

CYIL 5 ȍ2014Ȏ

which has been continuously strengthened by transferring more and more functions

to international organisations, but also by changing the way they work. Wonderful

examples are integration organisations, such as the ECOWAS, the African Union

or the European Union. For example, the EU integration process brought not only

a broadening of the EU’s competences but also a shift in decision-making in more

and more areas from unanimity to majority vote. The rising number of international

organisations, the significant widening of their functions, a corresponding increase

of their competences and scope of conduct have indisputably contributed to their

growing impact on all members of the international community.

International organisations have not only become more autonomous and been

vested with broader competences, but their evolution has led to an increased ability to

directly impact individuals and their legal position, which has led again inevitably to

the possibility of human rights breaches resulting from the conduct of international

organisations. This concerns not only integration organisations such as the EU, the

law of which enjoys direct applicability in EU Member States and thus creates rights

and duties for their nationals without the need for a transposition to national law,

or the United Nations and the individual sanctions of the Security Council, but

also organisations conducting security operations (NATO, EU, AU, ECOWAS,

etc.) or financial institutions (World Bank, WTO, etc.). For example the World

Bank included human rights norms

30

in many of its operational policies and

procedures. Moreover, in 1993 the Executive Directors of the World Bank decided

to create an Inspection Panel,

31

which allows individuals, but also associations and

nongovernmental organisations, to bring complaints related to Bank projects and to

the Bank’s failure to follow its own rules, thus enabling individuals and communities

to hold the World Bank accountable as an international organisation for violations

of its internal rules.

32

Another aspect to be mentioned here is that international organisations have

become important actors in the area of human rights. The changing quality and

role of international organisations, but also the general trend of human rights

mainstreaming into all aspects of the life of the international community, have made

human rights an aspect at the top of the agenda in many international organisations.

It can be argued that the role of international organisations in promoting respect for

human rights (and the rule of law) has been both impressive and without precedent.

In order not to focus only on the example of the United Nations as a world-wide

international organisation with great significance, we may mention the importance

of the so-called

Copenhagen criteria

, which were the conditions defined by the EU’s

European Council during its meeting in Copenhagen in 1993 concerning the issue

of the admission of Central and Eastern European Countries to the European Union.

30

Such as indigenous rights, participatory and resettlement rights.

31

See

www.worldbank.org/inspectionpanel

(

last accessed

25. June 2014).

32

RYNGAERT, Cedric. The Humanization of International Law. Reflections on Theodor Meron’s Hague

Lecture.

Human Rights and International Legal Discourse

. 2007, vol. 1, pp. 425-441, at p. 431.