A/HRC/24/38
equitable distribution of the world’s resources, the common heritage of humankind
and self-determination of peoples.
(c)
States should ensure more democratic and equitable participation of all
States in the financial institutions such as the World Bank, the International
Monetary Fund and the World Trade Organization (WTO),87 for instance by placing
them under the authority of the United Nations and subordinating them to the
Purposes and Principles of the United Nations Charter, pursuant to Articles 57 and 63
of the Charter. Moreover, membership in WTO could be conditioned upon
acceptance of an international bill or rights, much as, for instance, membership in the
Council of Europe is conditioned on acceptance of the European Convention on
Human Rights.
(d)
States should apply international law uniformly and abandon overreliance on “positivism” and efforts to circumvent obligations stipulated in human
rights treaties. There are no “legal black holes” in human rights, since all human
beings are entitled to all rights deriving from human dignity.
(e)
States should ratify the core United Nations human rights treaties and
their protocols, the relevant complaints mechanisms, the Statute of the International
Criminal Court, and relevant International Labour Organization Conventions,
including convention 169. States should allow full participation of individuals, civil
society and national human rights institutions in the preparation of reports to the
United Nations treaty bodies and to the Council’s Universal Periodic Review (UPR).
(f)
States should practice what they preach and test their actions, in good
faith, for consistency with the Purposes and Principles of the United Nations, knowing
that the end does not justify the means, and that international law is by definition
universal and must not be applied à la carte.
(g)
Most importantly, States should rigorously observe the obligations
contained in Article 2, paragraph 3, of the United Nations Charter, which enjoins all
States to settle disputes by peaceful means, and in Article 2, paragraph 4, which
prohibits the threat of or the use of force.88 States must negotiate in good faith and
refrain from bullying, drawing “red lines” or formulating “ultimatums”. States
should recognize a right and a duty to peace and to solidarity in their Constitutions
and statutes.
(h)
States should abandon reliance on unilateral measures, particularly
when such measures hinder international cooperation and give rise to unnecessary
tensions in the international community; in particular, States should refrain from
direct and indirect interference in other countries.
(i)
States should impose controls on financial and commodity markets,
prohibit “shadow banking” and regulate speculation. An international conference to
resolve the problem of financial domination should be convened.
87
88
18
Martin Khor, Implications of Some WTO Rules on the Realization of the MDGs, Penang, Malaysia
2005; M. Khor, The Impact of Trade Liberalism on Agriculture in Developing Countries, 2008;
Yilmaz Akyüz, The WTO Negotiations on Industrial Tariffs.: What is at Stake for Developing
Countries, 2005.
Antonio Cassese (ed.): Realizing Utopia-the Future of International Law, Oxford 2012, “A Plea for a
Global Community Grounded in a Core of Human Rights”, and “For an enhanced Role of Jus
Cogens.”
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