The Paradigm of State Consent in the Law of Treaties
Challenges and Perspectives
Vassilis Pergantis
Chapter 6: State consent and reservations to human rights treaties
Challenges and Perspectives
Vassilis Pergantis
Extract
Chapter 6 combines the challenges analysed in the three previous case studies, namely the issues of formalism and communitarianism, through the presentation of the most controversial aspect of the law of treaties, namely the law of reservations. It focuses on the constant oscillation between permissibility and opposability and highlights the tension between the formalism of the validity paradigm and the informality of the reservations dialogue. The author offers a first account of some aspects of the ILC Guide to Reservations and critically assesses the doctrine of severability of impermissible reservations. Keywords: reservations to human rights treaties; severability doctrine; reservations dialogue; opposability and permissibility schools of thought; universality; integrity
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.