Law on Reservations to Human Rights Treaties: Historical Development and Its Prospects

The application of rules on reservations under the Vienna Convention on Laws of Treaties (VCLT) has generated a debate to revisit the Vienna regime. The rules on reservations under the VCLT have helped attain the universality of human rights treaties but at the price of integrity. The beneficial aspect of reservations is the promotion of universal recognition of human rights treaties. However, they have shattered the uniform and practical application of the provisions of these treaties. The disappointment of the treaty monitoring bodies over the VCLT’s rules on reservations to human rights treaties has resulted in the demand for a separate set of rules on reservations drawn to them. The universality and integrity of these treaties have been at the forefront of the treaty bodies and scholars. In the current debate on rules on reservations, this research tracks down the historical development of the law on reservations to multilateral treaties. It highlights the unique features of the human rights treaties and examines the application of rules to determine the compatibility of reservations. The research suggests treaty bodies adopt a novel approach to maintain the balance between universality and their integrity. Received: 9 April 2021 / Accepted: 3 June 2021 / Published: 5 September 2021

AN ASSESSMENT OF THE SPATIAL VARIATION OF ISOTOPIC RATIOS IN A CANDU REACTOR FOR NUCLEAR TREATY MONITORING

A 3-D Quarter-Core CANDU-6 is modeled using Serpent 2 for nuclear treaty monitoring. The spatial variation of flux spectra and isotopic concentrations is analyzed to determine the potential isotopic distribution of key radionuclides from standard reactor operations relevant to non-proliferation. The initial results of the model show a 46% difference in overall flux magnitude throughout the core as well as a 2-30% difference in discrete energy flux. The coupled production rate (magnitude) and spectral differences can contribute to significant spatial variations in isotope ratios throughout the core. Initial results indicate 239Pu/240Pu ratios vary by as much as 51% across a single CANDU-6 fuel bundle at final burnup. The model is currently being used to develop an accurate representation of spent fuel to perform spatial isotopic analysis across the entire CANDU-6 core.

Complementary Protection and Encampment

A camp may be described as a temporary space in which individuals receive humanitarian relief and protection until a durable solution can be found to their situation. The camp environment is often riddled with contradictions—the camp can be a place of refuge while at the same time, a place of overcrowding, exclusion and suffering. This article asks to what extent removal of an individual from state A to state B, where he or she will have to live in a camp, is a breach of state A’s human rights law obligations. It argues that even if encampment in state B will expose the individual to terrible conditions, it is unlikely that they will be able to successfully challenge a removal decision before international human rights courts and/or treaty monitoring bodies.

Zagrożenie życia narodu jako przesłanka wstępna derogacji zobowiązań w dziedzinie praw człowieka

To determine the fate of human rights in extreme situations, the treaties contain a mechanism for derogating from obligations, i.e. derogations from their enforceability in such exceptional situations. The initial and fundamental criterion under which derogation steps are admissible is the existence of an exceptional public emergency that threatens the life of the nation, as referred to in Article 4(1) of the International Covenant on Civil and Political Rights and Article 15(1) of the European Charter of Human Rights, and about which Professor Anna Michalska wrote so competently in 1997. Neither the constitutions of modern states nor their practice of introducing states of emergency are helpful in defining this criterion more precisely; most often, they do not use it at all. Unfortunately, it is not to be found in Chapter XI of the Polish Constitution “States of Emergency”, nor in the laws of 2002 regulating these states. In the practice of the treaty monitoring bodies (Human Rights Committee in the ICCPR system; the European Commission and the Court of Human Rights in the ECHR system), we do not find incontestable nor indisputable indications. The concept of the “nation” is referred to society as a whole and is to be associated with its physical survival. In the author’s opinion, this is not the correct approach, as it is and must be about a “living nation”, a nation effectively exercising its rights. The enslavement of a nation, its subjugation, elimination of opportunities for its self-determination – far from its extermination – can unquestionably meet the requirements of the criterion of a threat to the life of the nation. The study of constitutional law (the nation-sovereign) and international law (the principle and right to self-determination of the nation) unequivocally confirms this thesis.

The Legal Status of Decisions by Human Rights Treaty Bodies

Academic analysis of pronouncements of human rights treaty monitoring bodies has tended to focus on their contribution to the promotion of human rights in domestic jurisdictions, particularly to convey the desire of scholars to see more use of these pronouncements by domestic courts. Comparatively little attention has been paid to the issue of their legal status in light of the supervisory function of human rights monitoring bodies. This chapter starts with a thorough analysis of a few recent cases by national courts, which commented on the legal value of the work of these bodies. The chapter then challenges two recurring arguments in the legal scholarship: their assimilation to judicial bodies, and the existence of a procedural obligation on states to consider their views. Next, it focuses on the interpretive weight of the pronouncements of these treaty bodies in international law, and, accordingly, in national jurisdictions. The chapter argues that the alleged existence of a general procedural obligation on states to consider the pronouncements of human rights treaty monitoring bodies is controversial, and that their work does not have a specific, or privileged, legal position in defining the ordinary meaning of a treaty. The conclusions point out that supervisory bodies have a specific and important role in the international legal order, different from that of courts, which bears preserving.

“A very good dialogue”?

This article builds on previous research on the communicational practices of the United Nations human rights monitoring system (Wallace 2017). Treaties such as those responsible for women’s and children’s rights lack direct enforcement mechanisms, so interest falls on the means by which treaty monitoring committees can encourage state compliance. The proceedings are bookended by writing (state reports and committee concluding observations), the focus of my earlier research. However, there is also an oral component, invariably characterized by the committees (but less frequently by the states) as “constructive dialogue” where the objective is “to assist and not to judge.” I explicate the structure and practices of these proceedings and find much that is justifiable, given the communicational context, but also some potential for reconsideration.

Building and Applying a Human Rights-Based Model for Migrant Integration Policy

The approach of public bodies towards migrant populations is often framed in terms of ‘migrant integration’. However, domestic integration policy and practice often come up short in terms of ensuring equal access to rights such as education, employment and housing for migrants. In this article, we discuss a variety of approaches to defining and measuring integration and, drawing on the concluding observations of a number of UN human rights treaty monitoring bodies, argue in favour of a model of integration based on international human rights law. Indicators derived from this model are used to assess the extent to which policymaking in the public sector in Ireland is informed by human rights. Finally, it is suggested that the methodology used in this study could be applied outside the sphere of immigration and integration to other areas of public policy which directly affect individuals’ human rights—from housing policy, to the provision of disability services, to early education and other important domains.