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5 Eur. J. Comp. L. & Governance 1 (2018)

handle is hein.journals/eujclg5 and id is 1 raw text is: 

              EUROPEAN  JOURNAL  OF COMPARATIVE  LAW AND
                                                               EJCL
 BRILL                  GOVERNANCE   5 (2018) 1-4              E
NIJ HOFF                                                       brill.com/ejel



                              Editorial






Human Rights, Comparative Law and Global

Governance



This special issue focuses on human rights viewed from two  perspectives:
comparative methodology  and  global governance. It contains two compara-
tive studies arising from long-term research projects. The first study, authored
by Lottie Lane, deals with human rights and non-State actors. It starts from the
premise that in the contemporary world, States are continuously losing ground
to private actors. Many non-State actors - for example, multinational corpora-
tions and non-State armed groups - are in a position to greatly affect individu-
als' enjoyment of their human rights. The article critically analyses how and
to what extent international human rights have had some kind of horizon-
tal effect on non-State actors in the general comments and jurisprudence of
five United Nations human rights treaty monitoring bodies.' It compares the
different ways in which the five monitoring bodies deal with situations and
cases where the harm to an individual's human rights was directly caused by a
non-State actor. The study comes to the conclusion that currently, the horizon-
tal effect of human rights at the international level is only indirect: non-State
actors still do not have any binding international law obligations concerning
human  rights. However, on many occasions, the interpretations and applica-
tions of United Nations human rights treaties by the monitoring bodies have
clearly acknowledged the fact that situations of human rights violations can
be caused by actions of private actors as well as States. In some occasions the


i  The five bodies are: (1) the Human Rights Committee; (2) the Committee on Economic, So-
   cial and Cultural Rights; (3) the Committee on the Elimination of Discrimination against
   Women; (4) the Committee against Torture; and (5) the Committee on the Elimination of all
   Forms of Racial Discrimination.


© KONINKLIJKE BRILL NV, LEIDEN, 2018  DOI 10.1163/22134514-00501003

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