UN인권레짐에서 인권 NGO의 역할과 한계 = The Role and Limitation of Human Rights NGOs in UN Human Rights Regime

다국어 초록 (Multilingual Abstract)

Non-Governmental Organizations(NGOs) have exerted a profound influence on the scope and dictates of international human rights field. NGOs have fostered treaties, promoted the creation of new international organizations, and lobbied in national capitals to gain consent to stronger international human rights rules. But in the absence of international NGO law, NGO definition as such, Article 71 of the UN Charter has served de facto as a charter for NGO. The legal capacity of the NGO under Article 71 might be termed a consultation partner. Although Article 71 establishes consultative opportunities for the NGOs grated status by the UN Economic and Social Council(ECOSOC), an individual NGO does not habe a treaty-based rights to be consulted in a particular situation. Article 71 was implemented comprehensively by ECOSOC in 1950 in resolution that was superseded by a new resolution in 1968. In view of practice on consulting NGOs, the main international human rights treaties do contain consultation of some important NGOs. A review of specialized treaties shows incorporation of NGO consultation processed, but the legal duty lacks typically do not enforce authority. However, since there are certain enforcement mechanisms in the international human rights, which are only mostly disorganized and decentralized can also think about possibilities for the enforcement international law toward NGOs. Thus, the best possibility would be the enforcement of international human rights law against NGOs through a system of self-regulation. Certain development in this direction can already be located in some sectors of transnational corporation activities. An enforcement of international legal norms through self-regulatory regimes can include the supervision of the actions of NGOs in a certain human rights filed of activities through self-governed umbrella organization. NGOs that are violating international legal standards could face penalties from umbrella organization and exclusion from concerted actions by NGOs. The advantage of such sectoral, self-contained regimes for NGOs under international human rights law would be the diminished role of States in law enforcement. This could lead to enforcement on a more equal basis and would also prevent a possible abuse of enforcement poser toward NGOs by some States. Thus, the examples of already existing self-regulatory regimes for NGOs on the domestic or regional level can also be regarded as a desirable model in the future for enforcement mechanism international human rights law on the global scene.