RESERVATIONS TO HUMAN RIGHTS TREATIES IN THE AFTERMATH OF THE GENOCIDE CASE 1 . THE OBJECT AND PURPOSE OF THIS STUDY > When embarking on a study of reservations to human rights treaties , one could be tempted to consider it a hopeless ...
It surveys the approaches of the treaty bodies to reservations and the response of other United Nations bodies to the issue."--Introd.
Category: Human rights
"The present report describes the provisions in the human rights treaties relating to reservations, as well as those in the Vienna Convention on the Law of Treaties of 1969. It surveys the approaches of the treaty bodies to reservations and the response of other United Nations bodies to the issue."--Introd.
This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties.
Author: Kasey Lowe McCall-Smith
This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.
Reservations and Declarations to the UN Human Rights Treaty System , Annex ( 5 ) , Section 1 , Graph 1 . 113. Reservations and Declarations to the UN Human Rights Treaty System , Annex ( 5 ) , Section 1 , Chart 2 . 114.
This is a book that should be read by all those interested in the development of the international human rights system.
Author: Christof Heyns
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner. This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child. This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights. The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society. In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made. This is a book that should be read by all those interested in the development of the international human rights system.
( vii ) Derogations In addition to the permissible limitations on certain specific rights , the ICCPR sets out limited ... is invalid as against the object and Chapter 1 - UN Human Rights Treaties 13 vii) Derogations viii) Reservations.
Author: Anne Fruma Bayefsky
Publisher: Martinus Nijhoff Publishers
Category: Political Science
With this volume Professor Bayefsky makes the international complaints procedure arising from the UN human rights treaty system available to individuals, lawyers, non-governmental organizations, and human right advocates in many parts of the world. She begins by indentifying the common features of the four complaints procedures under each of the four treaties. Each treaty is then examined in greater detail. Consideration is finally given to questions of overlap and the choise of a forum. The annexes provide the practical tools for filling a complaint.
substantive provisions of these human rights treaties.245 Higgins summarised the problem in the following terms: ... of the Treaty Bodies to promote the effective guarantee of human rights”.246 The ilc Guide to Practice on Reservations ...
Author: Naiade el-Khoury
In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.