Treaty Bodies and Regimes

Ulfstein, Geir

doi:10.1093/law/9780199601813.003.0018

Chapter

17 Treaty Bodies and Regimes

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https://doi.org/10.1093/law/9780199601813.003.0018

Pages

428–447

Published:

July 2012

Extract

Introduction

Treaties will generally set out the substantive rights and obligations of the treaty parties. But treaties are also used to establish institutions for international cooperation. Such institutions may take many forms such as formal international organizations (IOs) or international courts. But treaties may also set up organs that are neither IOs nor international courts in the traditional sense. Such organs may be labelled ‘treaty bodies’.¹

Today, treaty bodies serve various functions. Some have many characteristics of an IO. In the international environmental context, treaty bodies have a multiplicity of tasks, including developing new substantive commitments, guiding sub-organs and the secretariat, and ensuring implementation of States’ obligations. But treaty bodies may also have more specialized competences. For example, the Commission on the Limits of the Continental Shelf, set up by the UN Convention on the Law of the Sea (UNCLOS), has a specific function—to make substantive recommendations on the outer limit of continental shelves. Bodies established by human rights and arms control treaties are essentially limited to controlling implementation of the relevant treaty by States parties, or, in the case of human rights treaty bodies, to resolving disputes between individuals and States.

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Contents

17 Treaty Bodies and Regimes