Standard-setting instruments are a series of
various and statutory documents that serve as references for joint action by UNESCO and
its Member States.
The Executive Board of UNESCO (governing body
emanating from the General Conference) which comprises a Committee on Conventions and
Recommendations oversees the application by the latter of these instruments.
The international
conventions, which are contained in the United Nations treaty series, are
subject to ratification, acceptance or accession by States and are adopted by a two-thirds
majority of Member States. They define rules with which the States undertake to comply.
Like the other organizations of the United Nations System, UNESCO and its Member States
are bound by the conventions and agreements adopted by the United Nations General
Assembly.
The recommendations,
adopted by a simple majority, are instruments in which "the General Conference
formulates principles and norms for the international regulation of any particular
question and invites Member States to take whatever legislative or other steps may be
required in conformity with the constitutional practice of each State and the nature of
the question under consideration to apply the principles and norms aforesaid within their
respective territories". These are therefore norms which are not subject to
ratification but which Member States are invited to apply. Emanating from the
Organization's supreme governing body and hence possessing great authority,
recommendations are intended to influence the development of national laws and practices.
Although the recommendations of the General
Conference are not subject to ratification, the mere fact that they have been adopted
entails obligations even for those Member States that neither voted for it, nor approved
it.
The declarations,
resolutions, and other instruments, adopted during world summits organized by
the United Nations, during intergovernmental conferences and world congresses organized by
UNESCO or under its auspices, are another means of defining norms, which are not subject
to ratification. Like recommendations, declarations set forth universal principles to
which the community of States wished to attribute the greatest possible authority and to
afford the broadest possible support. However, in view of greater solemnity and
significance of a "declaration", it may be considered to impart, on behalf of
the organ adopting it, a strong expectation that Members of the international community
will abide by it. Consequently, in so far as the expectation is gradually justified by
State practice, a declaration may by custom become recognized as laying down rules binding
upon States.
