INTERNATIONAL LEGAL INSTRUMENTS FOR RECOGNITION Sjur Bergan Council of Europe

INTERNATIONAL LEGAL INSTRUMENT Formal written act adopted in the framework of an international organization or diplomatic conference binding on the States that have adopted it. Depending on the character of the instrument, it may be binding or non-binding. An instrument may allow States to make reservations against one or more provisions.

TYPES OF INSTRUMENTS Convention Recommendation Declaration Code of good practice [Compendium of Good Practice]

CONVENTION Treaty between States Binding on parties Competence of State authorities? Reservations? Implementation?

RECOMMENDATION Adopted by governments, addressed to governments Less binding Moral support in national policy making Reservations? Competence of state authorities? Implementation?

DECLARATION Statement adopted by an international body Non-binding Makes view of the body known Can exert moral pressure Implementation?

CODE OF GOOD PRACTICE Adopted by an international body competent in the subject area Non-binding Statemetn on what the body considers good practice Moral pressure Support in national policy making

COMPENDIUM OF GOOD PRACTICE Not legal text Collection of examples Indirect statement on what a competent international body considers good practice Source of inspiration to others workign in the same area Support in national policy making?

INTERNATIONAL LEGAL INSTRUMENTS Necessary but not sufficient Implementation essential