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The Paradigm of State Consent in the Law of Treaties

Challenges and Perspectives

Vassilis Pergantis

The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
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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

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