Informal human rights law-making: How treaty bodies use ‘General Comments’ to develop international law

Abstract The United Nations treaty bodies were established to monitor the implementation of human rights by states parties. Through ‘General Comments’ – legally non-binding clarifications obligations they have also influenced development international law for example, on right life and climate impacts. We address this phenomenon establishing a twofold argument. First, we argue that General Comments are used committees informally shape law. They deliberately act as law-makers, knowing institutions, organizations professionals in their network will subsequently refer such instruments. Second, not only rely once adopted outcome, but experts’ personal networks drafting process Comments. develop illustrate an analytical framework with two case studies water torture prohibition. analysis demonstrates need external knowledge both technical legal aspects norms being interpreted. By addressing pressing challenges, expert can times stagnation resist contestation even from powerful states.