Standard-Setting In UNESCO (Vol. 1): Normative Action in by Abdulqawi A. Yusuf

By Abdulqawi A. Yusuf

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Additional resources for Standard-Setting In UNESCO (Vol. 1): Normative Action in Education, Science and Culture (UNESCO Reference Works)

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32 Normative Action in Education, Science and Culture elaboration of normative instruments from its second session in 1947. In other words, how should the General Conference fulfil its mandate of proposing conventions and recommendations to the Member States? International law could not provide a ready-made solution, for it prescribes no particular procedures for the drawing up of law-making instruments. It concerns itself mainly with the adoption of the text of such instruments, their authentication, the methods of expressing consent to be bound by them and their observance, application and interpretation.

In other words, how should the General Conference fulfil its mandate of proposing conventions and recommendations to the Member States? International law could not provide a ready-made solution, for it prescribes no particular procedures for the drawing up of law-making instruments. It concerns itself mainly with the adoption of the text of such instruments, their authentication, the methods of expressing consent to be bound by them and their observance, application and interpretation. It does not, however, deal with such preliminary phases of standardsetting activities as the determination of whether or not work on such an instrument should be undertaken and who should have the right to propose it, or of the manner in which it should be elaborated or negotiated among interested States.

8. Ibid. 9 The Draft Rules of Procedure submitted by the Secretariat to the fifth session of the General Conference in 1950 differed in several respects from those in force today, but many of the basic principles and procedures laid down by the 1950 draft have not lost their validity and relevance and continue to be applied in the examination of proposals for new standard-setting instruments, as well as in the elaboration and adoption of such instruments. Prominent among these is the principle utilized to determining the ‘state of maturity’ of a subject matter for standard-setting, the desirability of such regulation at the international level, and the type of instrument (convention or recommendation) to be used for it.

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