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Comparative International Law$
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Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

Print publication date: 2018

Print ISBN-13: 9780190697570

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190697570.001.0001

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Objections to Treaty Reservations

Objections to Treaty Reservations

A Comparative Approach to Decentralized Interpretation

(p.231) 11 Objections to Treaty Reservations
Comparative International Law

Tom Ginsburg

Oxford University Press

This chapter examines a particular aspect of treaty practice, namely the use of objections to reservations, as an example of the comparative international law project. The practice of objections, it argues, occurs when states have divergent interpretation of treaty requirements, but also illustrates the differential propensity of states to push their particular views of the object and purpose of treaties. The chapter first reviews the legal background on objections to reservations, and then provides a theory of which states are likely to engage in this form of bilateral activity within a multilateral scheme. It then provides descriptive and empirical analysis of objections to reservations to the International Covenant on Civil and Political Rights (ICCPR), along with some data on other prominent human rights treaties. Finally, the chapter speculates on doctrinal implications of the analysis.

Keywords:   treaties, reservations, objections, comparative international law, ICCPR

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