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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Reservations to Human Rights Treaties: Not an Absolute Evil…

Reservations to Human Rights Treaties: Not an Absolute Evil…

Chapter:
(p.521) Reservations to Human Rights Treaties: Not an Absolute Evil…
Source:
From Bilateralism to Community Interest
Author(s):

Alain Pellet

Daniel Müller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0035

This chapter on reservations to human rights has its place in a volume devoted to the evolution of international law from bilateralism to community interest. It could even be said that it is at the very heart of the dialectic called by these two trends: on the one hand, reservations, in a way, ‘bilateralize’ the relations between the parties to multilateral treaties while, at the same time, facilitating a wider acceptance of the core elements of the treaties in question and, therefore, strengthening the global community interest. This dialectic is vividly present with regard to human rights treaties even though, according to a dominant view among human rights activists, reservations to those treaties are seen as an absolute evil. They are not.

Keywords:   human rights, international law, human rights treaties, multilateral treaties

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