scholarly journals The problem of applying reservations to international human rights agreements

2021 ◽  
pp. 68-73
Author(s):  
Ivanna Maryniv ◽  
Liubov Rudai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Regulation ◽  
European Convention ◽  
Effective Control ◽  
International Treaties ◽  
International Human Rights ◽  
European Court ◽  
Human Rights Treaties ◽  
International Human

A problem statement. Human rights law, as a branch of public international law, to date, is mainly codified and consists mainly of treaty rules contained in universal and regional conventions. At the same time, in most cases, the parties to these agreements make reservations of both a substantive and procedural nature that apply to all generations of human rights. The question arises as to the legitimacy of the reservations declared by states to international acts on human rights and freedoms. Аnalysis of research and publications. Many international lawyers deal with the issue of reservations to human rights treaties and their validity. Thus, the works of E.S. Alisievich, are devoted to this issue, I.I. Lukashuk, V.G. Butkevich, V.L. Tolstoy, M.V. Buromensky and others. However, there are a number of problems with the legal regime of reservations to human rights treaties. The main thesis that reveals their essence is that there is no mechanism for effective control over the legitimacy of such reservations. The main text. The article considers the concept of reservations to international treaties, examines the problem of issuing reservations to international human rights treaties. The application of the institution of reservations is studied on the example of certain international treaties in the field of human rights, such as: the European Convention on Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on Human and Peoples’ Rights. The case law of the European Court of Human Rights on the application of reservations to the European Convention on Human Rights is studied. Conclusions. Today, the sovereign right of every state to stipulate international treaties is firmly established in international law, but there is no clear legal regulation of this institution that would prevent abuses by states in this area. We see the need to further study the institution of reservations to human rights treaties, its development and the development of general principles, procedures, and control over their legitimacy.

Theory and Evidence Regarding the Effectiveness of Human Rights Treaties

2017 ◽  
Author(s):  
Daniel W. Hill, Jr.
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Evidence ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Treaties ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Sources Of Variation ◽  
International Human

The adoption by the United Nations of the Universal Declaration of Human Rights in 1948 marked the beginning of the modern international human rights regime. Since then the number of international treaties that protect human rights, as well as the number of internationally recognized rights, has greatly increased. The increasing number and scope of international treaties attests to the fact that advocates for human rights view treaties, which are legally binding in principle, as useful tools for promoting respect for the various rights identified in international law. Only recently have scholars begun to collect and systematically examine evidence concerning the effectiveness of human rights treaties. This new body of research is motivated by a question that has obvious normative import and policy relevance: do we have good evidence that the widespread adoption of international human rights law has had any meaningful impact on the level of respect that states exhibit for the rights articulated in international law? To date, this literature suggests three sources of variation in the effectiveness of human rights treaties: (1) variation in the domestic political and legal institutions that facilitate enforcement and compliance, (2) variation in the nature of the rights protected by different treaties and the nature of violations, and (3) variation in the strength of governments’ commitments to the UN treaty regime. All three sources of variation point to opportunities to advance our understanding of the conditions under which international human rights law can achieve its goals.

Systemic and Structural Factors Relating to Quality and Equality of Human Rights Implementation in Federal States

2018 ◽  
Vol 7 (1) ◽  
pp. 43-81
Author(s):  
Judith Wyttenbach
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Structural Factors ◽  
International Human Rights ◽  
Federal States ◽  
Institutional Frameworks ◽  
European Court ◽  
Human Rights Treaties ◽  
Multi Level ◽  
International Human

The internal organisation of a state is a contributing factor to the implementation of human rights treaties. Although federal states do not demonstrate an implementation standard that is generally lower or higher than in unitary states, both the positive developments and deficits arising can be linked to the federal structure. In many cases, under the state’s internal order, the responsibility for implementation lies not only with the federal government but in parallel or even exclusively with the constituent states, provinces or regions. The integration of uniform standards within a system of multi-level politics involves certain special features, which are identified and discussed. For those purposes, the author has evaluated and undertaken a critical analysis of the implementation requirements of international human rights treaties and the European Convention on Human Rights, interpretative documents issued by treaty bodies and judgments of the European Court of Human Rights. The focus of the analysis concerns the structural and institutional frameworks typically found in federal states. The assessment seeks to contribute to a deeper understanding of the benefits and challenges of implementation in federal states.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

Conclusion: Human Rights Treaties (Sometimes) Protect Rights

2019 ◽  
pp. 193-224
Author(s):  
Courtenay R. Conrad ◽  
Emily Hencken Ritter
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Institutions ◽  
Domestic Institutions ◽  
International Human Rights ◽  
Human Rights Regime ◽  
Human Rights Treaties ◽  
International Human

This chapter highlights the conclusions and contributions of theresearch: obligation to international law can constrain leaders from violating human rights-and encourage potential dissidents to revolt against their governments. The argument that human rights treaties "work" is contrary to the explanations of a wide variety of scholars who maintain that the international human rights regime has been an abject failure. Although scholars have found evidence that domestic institutions can lead to decreased repression, there has been little support for the argument that international institutions do so.In contrast, this book finds that-if international law creates even the smallest shift in assumptions over domestic consequences for repressive authorities-these effects can yield a substantively meaningful reduction in rights violations when leaders have significant stakes in domestic conflicts.

Living in Denial: The Application of Human Rights in the Occupied Territories

2003 ◽  
Vol 37 (1) ◽  
pp. 17-118 ◽  
Author(s):  
Orna Ben-Naftali ◽  
Yuval Shany
Keyword(s):  
Human Rights ◽  
Gaza Strip ◽  
Effective Control ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Government Power ◽  
Human Rights Treaties ◽  
Occupied Territories ◽  
International Human

AbstractAre human rights norms applicable to occupied territories in general, and to the West Bank and the Gaza Strip in particular? The article examines the controversy that had arisen between Israel and the UN treaty monitoring bodies in relation to this question and critically analyzes Israel's three objections to such applicability: 1) the mutual exclusivity of humanitarian regime and human rights regime in occupied territories, the former being thus the only applicable law; 2) a restrictive interpretation of the jurisdictional provisions treaties; and 3) the lack of effective control in some of the territories. The article posits that the universal object and purpose of human rights treaties, which inform the proper interpretation of their jurisdictional clauses, require their applicability in all territories subject to the effective control of the state parties, as well as to other extra-territorial exercises of government power directly affecting individuals. Consequently, international human rights law and international humanitarian law apply in occupied territories in parallel and not to the exclusion of one another. This position is confirmed by extensive practice of the international human rights monitoring bodies, the International Court of Justice (ICJ), and by some decisions of the Israeli Supreme Court. In conclusion, the paper posits that Israel's refusal to apply the six principal human rights treaties to which it is party to the Occupied Territories is incompatible with its international law obligations and proceeds to propose modalities for the co-application of both human rights and humanitarian law in occupied territories.

scholarly journals Conflict over Conflict: The Right to Strike in International Law

2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Political Rights ◽  
International Labour Organisation ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>

scholarly journals Reconceiving Resettlement Services as International Human Rights Obligations

Refuge ◽  
1997 ◽  
pp. 19-21 ◽  
Author(s):  
Tom Clark
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Treaties ◽  
International Human Rights ◽  
Primary Health ◽  
Food Education ◽  
Human Rights Treaties ◽  
Settlement Services ◽  
International Human ◽  
Immigrant And Refugee

The author draws on international treaties to argue that the provision of immigrant and refugee settlement services are human rights obligations. Therefore, services such as primary health care, food, education and housing are minimum core obligations that should be available to newcomers without discrimination. The implications of this position for advocacy initiatives are substantial. Instead of pleading for services from governments, activists, supported by international committees, would hold governments accountable for implementing international human rights treaties.

Domestic Human Rights Adjudication in the Shadow of International Law: The Status of Human Rights Conventions in Israel

2017 ◽  
Vol 50 (3) ◽  
pp. 331-388 ◽  
Author(s):  
Barak Medina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Democratic Legitimacy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Quarter Century ◽  
Human Rights Treaties ◽  
International Human ◽  
The Government

The quarter-century anniversary of Israel's ratification of the major United Nations (UN) human rights treaties is an opportunity to revisit the formal and informal interaction between domestic and international Bills of Rights in Israel. This study reveals that the human rights conventions lack almost entirely a formal domestic legal status. The study identifies a minor shift in the scope of the Israeli Supreme Court's reference to international law, as the Court now cites international human rights law to justify decisions that a state action is unlawful, and not only to support findings that an action is valid. This shift may be the result of other reasons, for instance, a ‘radiation’ of the Court's relatively extensive use of international humanitarian law in reviewing state actions taken in the Occupied Territories. However, it may also reflect a perception of enhanced legitimacy of referring to international human rights law as a point of reference in human rights adjudication following ratification of the treaties.At the same time, the Court continues to avoid acknowledging incompatibility between domestic law and international law. It refers to the latter only to support its interpretation of Israeli constitutional law, as it did before the ratification. This article critically evaluates this practice. While international human rights law should not be binding at the domestic level, because of its lack of sufficient democratic legitimacy in Israel, it should serve as an essential benchmark. The Court may legitimise a human rights infringement that is unjustified according to international law, but such incompatibility requires an explicit justification. The Court, together with the legislature and the government, are required to engage critically with the non-binding norms set by the ratified UN human rights treaties.

Contentious Compliance

2019 ◽  
Author(s):  
Courtenay R. Conrad ◽  
Emily Hencken Ritter
Keyword(s):  
Human Rights ◽  
Formal Theory ◽  
International Treaties ◽  
Political Leaders ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Domestic Courts ◽  
International Obligations ◽  
International Laws ◽  
International Human

Do international human rights treaties constrain governments from repressing their populations? Government authorities routinely ignore their international obligations, and countries with poor human rights records join international treaties and yet continue to violate rights. Contentious Compliance presents a new theory of treaty effects founded on the idea that governments repress as part of a domestic conflict with potential or actual dissidents. By introducing dissent actions like peaceful protests, strikes, boycotts, or direct violent attacks on government, Contentious Complianceimproves understanding of when states will violate rights-and when international laws will work to protect people. Formal theory and extensive data analyses show that when political leaders have the highest incentives to repress-namely when political leaders receive large benefits from retaining power and domestic courts are relatively poor at constraining the executive-human rights treaties alter the structure of the strategic conflict between political authorities and potential dissidents, significantly decreasing government repression and increasing the likelihood of mobilized dissent actions.

scholarly journals Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of CEDAW

2015 ◽  
Vol 109 (3) ◽  
pp. 534-550 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Similarities And Differences ◽  
International Human ◽  
Domestic Level

Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts.

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