Title Smart Contracts and Consumer Protection: Analyzing Contractual Fairness in Automated Transactions Through a Fairness-by-Design Lens

The UN treaty regime has expanded tremendously in recent decades, encompassing ten core human rights instruments and achieving near-universal ratification. However, this development has created an inescapable reality regarding state obligations. This study investigates the structural causes of the ‘accountability gap’ using a novel triangulated methodology. The analysis focuses on three nascent failure mechanisms: the sovereignty paradox of the voluntarist model; the institutional weakness of the UN human rights treaty body system; and the domestication deficit caused by weak frameworks for the constitutional incorporation of treaty law.Drawing on recent developments—specifically UNGA Resolution ۷۹/۱۶۵ (۲۰۲۴) and the OHCHR (۲۰۲۳/۲۰۲۴) digital reforms—the paper advances a systematic critique of the core treaty system as an architecture primarily focused on ‘persuasion,’ which remains fundamentally incapacitated to generate compliance solutions for unwilling state duty-bearers. Ultimately, the study provides concrete proposals for narrowing the accountability gap through a three-tier reform schema: Conditioned Ratification Protocols (CRPs), Horizontal Peer Accountability Mechanisms (HPAMs), and Treaty-Linked Development Conditionality (TLDC).

کلیدواژه ها:

International Human Rights Law ، Treaty Enforcement ، Accountability Gap ، Domestication ، UN Treaty Bodies ، Sovereignty Paradox ، Treaty Reform