Obligatory or Voluntary? – Participation in the UPR
Obligatory or Voluntary? – Participation in the UPR

Summary/Abstract: The Universal Periodic Review mechanism is a new process for the control of the implementation of human rights obligations. To date almost every Member State of the United Nations has participated in this process as targeted by Resolution 60/251 of the General Assembly of the United Nations. Is it, however, possible that a State does not want to accept either the political consequences of its inadequate protection of human rights and does not participate in the process? Is it an obligation to participate in the new mechanism? Can an international obligation be established by the legal sources of public international law? Or is participation merely a recommendation without sanctions? This paper attempts to prove that participation in the Universal Periodic Review mechanism is an international obligation under customary law - or is, at least, an emerging rule of international customary law.

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