Reservations to Treaties: An Introduction

Milanović, Marko; Sicilianos, Linos-Alexander

doi:10.1093/ejil/cht074

Cited by 15 publications

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“…Nonetheless, as was evident from the ILC's work on reservations, the existing regime suffices as long as it is applied in 'an appropriate and suitably adapted manner' (ILC, Fourteenth Report on Reservations to Treaties by A. Pellet [2009] para 27; cf Simma and Hernández [2011] at 62, 68; Giegerich [2020]; Milanovic and Sicilianos [2013] at 1057).…”

Section: Reservationsmentioning

confidence: 99%

Treaties

Panos¹

2022

Elgar Encyclopedia of Human Rights

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Section: Reservationsmentioning

confidence: 99%

Treaties

Panos¹

2022

Elgar Encyclopedia of Human Rights

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“…It is accepted both by the doctrine and practice that reciprocity principle has a limited application in international human rights treaty obligations of states 30 . Moreover, the Human Rights Committee in General Comment 24 emphasizes that the principle of reciprocity cannot be applied in human rights treaties 31 .…”

Section: Reservations To International Human Rights Treaties and The Principle Of Reciprocitymentioning

confidence: 99%

Quest For The Harmony: On the Vienna Reservations Regime and International Human Rights Treaties

Kaya¹

2019

annales

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The reservation is one of the most important and controversial topics in international treaty law. The validity of reservations and their application came to the fore and customary reservation rules were reviewed with the Convention on the Prevention and Punishment of the Crime of Genocide in international law. Also, in the Vienna Convention on the Law of Treaties, rules on reservations were codified, which were asserted as the rules of customary international law. However, in human rights treaties, because of their distinctive characteristics, the rules of reservations needed to be applied and interpreted compatible to these particularities.First of all, human rights treaties are different from standard contractual treaties and they do not create a balanced system between the state parties' rights and obligations. Therefore, the reciprocal effect of the reservation which gives equivalency to the parties' rights and obligations cannot function properly in human rights treaties. The second aspect is the main ideal of ensuring the universality of human rights which challenges the integrity of these treaties. The choice between integrity and universality gives us a hint about the status of the treaties regarding reservations. Another issue is the compliance of a reservation with the object and purpose of the treaty which is rated among the main rules about validity of a reservation in the Vienna Convention on the Law of Treaties. In human rights treaties, a reservation's compatibility with the object and purpose and even determining the object and purpose of the treaty is controversial. In this context two different mechanisms issuing from the Vienna Convention -opposability and permissibility-will be handled to determine the validity of the reservations in international human rights treaties.In this paper, within the scope of the human rights treaties' aspects stated above, the application and the validity of the reservations to international human rights treaties will be discussed by assessing the solutions in the ILC's Guide to Practice on Reservations.

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“…incidents concerning the constituent instruments "precedents" for the general law of treaties, and vice versa'. 11 Such propositions are generally framed as challenges to the law of treatieswhich brings out the underlying conception (confirmed during the forty years' codification process of the law of treaties) of the treaty as a single legal instrument governed by a unified set of rules; this conception was again under discussion in relation to the 'Vienna Plus' International Law Commission's (ILC) Guide to Practice on Reservations to Treaties, 12 but the theoretical debate is inconclusive. The current chapter does not aim to engage with that debate and does not deal with questions of the completeness or, indeed, of the fragmentation of international law.…”

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Typologies and the ‘Essential Juridical Character’ of Treaties

Brölmann¹

Conceptual and Contextual Perspectives on the Modern Law of Treaties

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Legal scholarship, doctrine and practice differentiate between treaties. References to 'peace treaties', 'environmental treaties', 'fundamental treaties', 'contract treaties', 'constitutional treaties' and 'self-executing treaties' are a received part of public international law discourse. In his dissenting opinion in the South West Africa Cases of July 1966, Judge Tanaka spoke of the League Mandates' 'characteristics similar to law-making treaties'. 1 In its judgment in the Loizidou Case, the European Court of Human Rights labelled the European Convention on Human Rights (ECHR) 2 as a 'law-making treaty', with matching competences for the 'Convention institutions'. 3 Classifications of treaties are also not new. In his 1930 article for the British Yearbook of International Law, Lord Arnold McNair distinguished between the 'widely differing functions and legal character of the instruments which it is customary to comprise under the term "treaty"'. 4 Heinrich Triepel had earlier proposed a distinction between a Vertrag on the one hand and a Vereinbarung as 1 Following Lassa Oppenheim, he defined this as 'concluded for the purpose of establishing new rules for the law of nations'; see South West Africa Cases:

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Reservations to Treaties: An Introduction

Cited by 15 publications

References 0 publications

Treaties

Treaties

Quest For The Harmony: On the Vienna Reservations Regime and International Human Rights Treaties

Typologies and the ‘Essential Juridical Character’ of Treaties

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