Within the still on-going strengthening process, the various UN treaty bodies can bring about lasting change on their own. Nils-Hendrik Grohmann shows that they are the ones who can introduce new powers using the interpretation of procedural provisions. Crucial for any attempt at reform is the cooperation among all Committees and a coherent approach in the alignment and harmonization of procedures.
This publication was supported by funds from the Publication Fund for Open Access Monographs of the Federal State of Brandenburg, Germany.
The UN human rights treaty bodies are still in need of reform, since past initiatives were not as successful as hoped. Therefore, to secure the effective dischargement of their various mandates, particularly under the reporting procedure, the Committees need to be reformers on their own. Nils-Hendrik Grohmann delineates the Committees' powers from both a practical and theoretical perspective and demonstrates how far their legal mandates can reach. Effectiveness-orientated interpretation of procedural provisions that already endow the Committees with certain powers, allows for the extension of mandates. Thereby, the Committees can introduce new powers without State consent. In doing so, they are well-advised to approach the reporting procedure holistically, to develop coherent procedural approaches and to take into consideration the considerable overlap in terms of substantive provisions under the nine UN human rights treaties. Another key factor for reform is cooperation itself among the Committees, which increased in recent years through the Meeting of Chairpersons.
This publication was supported by funds from the Publication Fund for Open Access Monographs of the Federal State of Brandenburg, Germany.
Nils-Hendrik Grohmann
Born 1992; Law studies at the University of Münster and Oslo; 2018 Research assistant at the Chair of European and International Law at the University of Potsdam; 2022 Legal clerk at the Kammergericht Berlin.
State reporting Treaty body system Treaty interpretation Implied powers International human rights law