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The History of the Covenants

Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.