International Law Sources Binding Force Charter: The term ‘charter’ is used for particularly formal and solemn instruments, such as the treaty founding an international organization like the United Nations (‘The Charter of the United Nations’). Treaty: A ‘treaty’ is a formally concluded and ratified agreement between States. The term is used generically to refer to instruments binding at international law, concluded between international entities (States or organizations). Under the Vienna Conventions on the Law of Treaties, a treaty must be (1) a binding instrument, which means that the contracting parties intended to create legal rights and duties; (2) concluded by states or international organizations with treaty-making power; (3) governed by international law and (4) in writing. Entry into force of a treaty or convention is the moment in time when a treaty becomes legally binding on the parties to the treaty. The provisions of the treaty determine the moment of its entry into force. This may be a date specified in the treaty or a date on which a specified number of ratifications, approvals, acceptances or accessions have been deposited with the depositary. The date when a treaty deposited with the Secretary-General enters into force is determined in accordance with the treaty provisions.

Convention: A ‘convention’ is a formal agreement between States Convention: A ‘convention’ is a formal agreement between States. The generic term ‘convention’ is thus synonymous with the generic term ‘treaty’. Conventions are normally open for participation by the international community as a whole, or by a large number of States. Usually the instruments negotiated under the auspices of an international organization are entitled conventions (e.g. the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations in 1989). Main IL Conventions are: - ICCPR - ICESCR - CEDAW - Convention Against Torture and Cruel and Inhuman Treatment - CRC - International Convention on the Protection of Migrant Workers - CERD

Declaration: The term ‘declaration’ is used for various international instruments. International human rights declarations are not legally binding; the term is often deliberately chosen to indicate that the parties do not intend to create binding obligations but merely want to declare certain aspirations. However, while the 1948 Universal Declaration of Human Rights for example was not originally intended to have binding force, its provisions have since gained binding character as customary law. Optional Protocol: The term ‘protocol’ is used for an additional legal instrument that complements and add to a treaty. A protocol may be on any topic relevant to the original treaty and is used either to further address something in the original treaty, address a new or emerging concern or add a procedure for the operation and enforcement of the treaty—such as adding an individual complaints procedure. A protocol is ‘optional’ because it is not automatically binding on States that have already ratified the original treaty; States must independently ratify or accede to a protocol.

Concluding observations: The observations and recommendations issued by a treaty body after consideration of a State party's report. Concluding observations refer both to positive aspects of a State's implementation of the treaty and areas where the treaty body recommends that further action needs to be taken by the State. The treaty bodies are committed to issuing concluding observations which are concrete, focused and implementable and are paying increasing attention to measures to ensure effective follow-up to their concluding observations. Entry into force General comment A treaty body's interpretation of the content of human rights provisions, on thematic issues or its methods of work. General comments often seek to clarify the reporting duties of State parties with respect to certain provisions and suggest approaches to implementing treaty provisions. Also called "general recommendation" (CERD & CEDAW). Universal Periodic Review (UPR) The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all 192 UN Member States once every four years. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed. The UPR was created through the UN General Assembly on 15 March 2006 by resolution 60/251, which established the Human Rights Council itself. It is a cooperative process which, by 2011, will have reviewed the human rights records of every country. Currently, no other universal mechanism of this kind exists. The UPR is one of the key elements of the new Council which reminds States of their responsibility to fully respect and implement all human rights and fundamental freedoms. The ultimate aim of this new mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur.

Customary Law - IL principles that for their relevance and historical foundation are considered universal law applicable to all people and all Countries without regard to ratification of respective international treaty or convention Conventional Law: IL provisions binding only signatories States - open to accession Binding provisions of IL are justiciable before national and international courts and in case of vaccum or ambiguity of national legislation, IL applies

IL declarations, comments and other sources of International law which do not have binding force within the international community. However, they cover an important role in the interpretation and application of the concepts and provisions contained in treaties and conventions. Some of the intepretative sources, such as CESCR Gen Com 4 and 7 on evictions, for their relevance and extensive applications, are now considered authoritative sources of IL.