ABSTRACT
How can possible breaches of the identified human rights obligations be addressed, or even possibly redressed? As will become apparent, current legal protection mechanisms are very weak, and much of the discussion in this chapter will concern suggestions as to how this could possibly be done within the structures of international law as we know them today, albeit somewhat modified to fit the subjects and objects of the ‘disputes’. The chapter will first address the current legal situation, including the immunity of the two institutions, and the dispute settlement mechanisms that are contained in the Articles of Agreement. Following this, a more creative approach will be taken, discussing possible ways that structures may be established for the safeguarding of justice where obligations have been breached. This discussion will build on already-existing mechanisms (for example, Inspection Panels), and currently operating human rights mechanisms to which the two institutions are not accountable at present. The current chapter merely intends to raise these issues, rather than providing an exhaustive exposé of the various established structures and possible creation of new structures. Such a discussion would be beyond the scope of the current study. It should, nevertheless, be recognised that such research is imperative if the human rights obligations established in this book shall receive the necessary recognition and practical attention for their fulfilment.
