Jump to ContentJump to Main Navigation
The Impact of Human Rights Law on General International Law$
Users without a subscription are not able to see the full content.

Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 August 2020

Impact on the Law of Treaties

Impact on the Law of Treaties

(p.23) 2 Impact on the Law of Treaties
The Impact of Human Rights Law on General International Law

Martin Scheinin

Oxford University Press

This chapter discusses the relationship between the Vienna Convention on the Law of Treaties (VCLT) and human rights treaties. It identifies alternative approaches in the issue and discusses their relative strengths and weaknesses. The positivist approach, the dogmatic approach, and the fragmentation approach to the relationship between the VCLT and human rights treaties were rejected. Instead, the chapter expresses sympathy for the two remaining approaches, namely the constitutional and the reconciliation approaches.

Keywords:   Vienna Convention, human rights treaties, positivist approach, dogmatic approach, fragmentation approach, constitutional approach, reconciliation approach

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .