国际机构中的碎化或统一：人权法院.pdfVIP

FRAGMENTATION OR UNIFICATION AMONG INTERNATIONAL INSTITUTIONS: HUMAN RIGHTS TRIBUNALS M ´ PINTO* ONICA International human rights law is a body of substantive and procedural rules that deals with the protection of interna- tionally guaranteed rights of individuals against violations by governments. Two branches may be identified therein: first, the so-called normative system, and second, the international protection system.1 The normative system is a set of interna- tional rules recognizing human rights, providing for their scope and contents, and giving criteria for their permissible restriction and derogation in times of emergency. The inter- national protection system is a set of rules establishing legal mechanisms for the supervision and control of states parties’ obligations. Human rights law is embodied in legal rules that derive, in part, from declarations and treaties. A small group of human rights treaties (both general and specific in scope, and both universal and regional in reach) establishes international enforcement systems designed to ensure that states parties comply with their obligations. These systems usually consist of a monitoring body, which is composed of a given number of experts acting in their personal capacities. The body is en- dowed with a range of functions, including the power to re- ceive and consider individual petitions.2 Thus, treaty-based mechanisms provide a sought-after protection system, answer- ing the call for more binding instruments that recognize human rights and define them with greater precision. This paper will explore the connections an