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Reservations To Treaties: Some Theoretical Issues

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Chapter Summary

This chapter deals with some theoretical aspects of the reservations regime in general, as well as in relation to human rights treaties in particular. Without attempting to provide exhaustive answers to all unresolved questions of the reservations regime, it concentrates on issues which are of significant importance for the application of the reservations regime to human rights treaties and for the understanding of this emerging negotiative process. Current rules on reservations applicable in international law in general are codified in the Vienna Convention on the Law of Treaties. The basic function of any reservations regime is the establishment of the balance between the universality of participation and the integrity of a treaty. The analysis of reservations and objections to human rights treaties shows a general tendency among some groups of States to pursue a consequential policy of objections.

Keywords: human rights treaties; international law; reservations regime; Vienna Convention



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