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Impact on the Law on Treaty Reservations

Ineke Boerefijn

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the United Nations human rights treaty bodies and the way in which they deal with reservations under the reporting procedure. It begins with a section on general aspects of ... More


The Moral Dimensions of Human Rights

Carl Wellman

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.001.0001
Subject:
Philosophy, General

This book discusses all three species of human rights—moral, international, and national—at length, but it pays special attention to the moral reasons that are relevant to each species. The first ... More


Responsibility of States for Violations of Human Rights and Humanitarian Norms

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0004
Subject:
Law, Public International Law

This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian ... More


Asian States, International Human Rights Law, and Minority Rights

Joshua Castellino and Elvira Domínguez Redondo

in Minority Rights in Asia: A Comparative Legal Analysis

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199296057
eISBN:
9780191705403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296057.003.0002
Subject:
Law, Human Rights and Immigration

This chapter focuses on the extent to which Asian states participate in the general UN human rights machinery. It begins by outlining the positions of Asian states with regards to human rights then ... More


Impact on the Law of Treaties

Martin Scheinin

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

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 ... More


Reservations to Human Rights Treaties: Not an Absolute Evil…

Alain Pellet and Daniel Müller

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0035
Subject:
Law, Public International Law

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 ... More


Towards Integration of United Nations Human Rights Treaty Body Recommendations: The Rights-Based Approach Model

Michael O'Flaherty

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0002
Subject:
Law, Human Rights and Immigration

The seven principal United Nations-sponsored human rights treaties stipulate that states parties submit periodic reports to the respective treaty monitoring bodies on their implementation of the ... More


Impact on State Succession in Respect of Treaties

Menno T. Kamminga

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines practice under the European Convention on Human Rights and under the International Covenant on Civil and Political Rights. It shows that practice under the European Convention ... More


The Enforcement of the Right to Life

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0003
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter focuses upon the legal implementation of the right to life, within both domestic and international legal systems. It identifies the diverse range of circumstances which may give rise to ... More


Impact on General Principles of Treaty Interpretation

Jonas Christoffersen

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

The interpretation of human rights treaties is widely believed to be subject to special rules, deviating from generally accepted interpretative canons of international law. The view is most clearly ... More


Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?

Bruno Simma and Gleider I. Hernández

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by ... More


The Right to Life: Religious, Philosophical, and Legal Origins

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0002
Subject:
Law, Human Rights and Immigration, Medical Law

This chapter investigates the human origins of the idea that human life has an inherent value. The concept has religious and philosophical roots and serves as the underlying principle for the modern ... More


Full Protection and Security

Helge Elisabeth Zeitler

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

Clauses guaranteeing investor ‘full protection and security’ are included in most bilateral and multilateral investment treaties. They require not only abstention by the host State from physically ... More


Corporate Obligations under Treaty Law

Markos Karavias

in Corporate Obligations under International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674381
eISBN:
9780191752322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674381.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the position of corporations in international treaties appertaining to human rights and international criminal law, and the extent to which such instruments serve as the ... More


Measuring Human Rights: UN Indicators in Critical Perspective *

AnnJanette Rosga and Margaret L. Satterthwaite

in Governance by Indicators: Global Power through Quantification and Rankings

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199658244
eISBN:
9780199949915
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658244.003.0012
Subject:
Law, Public International Law

This chapter discusses several efforts to use indicators within the law of international human rights. It identifies the criticisms made to these efforts, and states that there is an increasing ... More


Cultural Pluralism in International Human Rights Law: The Role of Reservations

Yvonne Donders

in The Cultural Dimension of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199642120
eISBN:
9780191770401
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642120.003.0008
Subject:
Law, Human Rights and Immigration

This chapter addresses cultural pluralism in international human rights law by analysing reservations to human rights treaties. Some have argued that reservations are a legitimate and desirable means ... More


Denunciation of Human Rights Treaties and the Principle of Reciprocity

Eckart Klein

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0032
Subject:
Law, Public International Law

It is generally agreed that human rights treaties have a special character distinguishing them from other treaties. The decisive difference is usually based on the argument that in the context of ... More


Human Rights Treaty Bodies: Monitoring, Interpreting, and Adjudicating Health-Related Human Rights

Benjamin Mason Meier and Virgínia Brás Gomes

in Human Rights in Global Health: Rights-Based Governance for a Globalizing World

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190672676
eISBN:
9780190672713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190672676.003.0024
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter assesses the role of human rights treaty bodies in monitoring, interpreting, and adjudicating health-related human rights obligations, facilitating accountability for the realization of ... More


States Parties to Human Rights Treaties

Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla

in Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law

Published in print:
2003
Published Online:
October 2011
ISBN:
9780199241323
eISBN:
9780191696909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199241323.003.0028
Subject:
Philosophy, Moral Philosophy

States commit themselves to implement human rights treaties through a process of signature usually followed by ratification, or alternatively by direct accession. When states sign and then ratify, or ... More


Global Constitutionalism and Transnational Governance

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0006
Subject:
Political Science, Political Theory

This chapter focuses on the evolution of treaty-based human rights regimes in Europe, the Americas, and Africa. Each of the five courts under consideration insists on its own primacy with respect to ... More


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