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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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Denunciation of Human Rights Treaties and the Principle of Reciprocity

Denunciation of Human Rights Treaties and the Principle of Reciprocity

Chapter:
(p.477) Denunciation of Human Rights Treaties and the Principle of Reciprocity
Source:
From Bilateralism to Community Interest
Author(s):

Eckart Klein

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0032

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 human rights treaties the principle of reciprocity is not working at all, or at least not in the same way as for other treaties, essentially influencing neither the establishment nor the performance of a human rights treaty. While the problem has been widely discussed under the aspects of reservations, succession, and reprisals, it has rarely been dealt with from the viewpoint of a unilateral termination by denunciation or withdrawal. This chapter focuses on this issue.

Keywords:   human rights treaties, termination, denunciation, withdrawal

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