Jump to ContentJump to Main Navigation
Comparative International Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 26 May 2018

An Asymmetric Comparative International Law Approach to Treaty Interpretation

An Asymmetric Comparative International Law Approach to Treaty Interpretation

The CEDAW Committee’s Tolerance of the Scandinavian States’ Progressive Deviation

(p.419) 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
Comparative International Law

Alec Knight

Oxford University Press

This chapter illustrates an asymmetric comparative international law approach to treaty interpretation through the example of the CEDAW Committee’s greater willingness to go beyond a margin of appreciation to tolerate progressive deviations rather than regressive deviations in the interpretation of CEDAW’s provisions. Section I examines the interactions between the CEDAW Committee and states parties. Section II discusses how the Committee’s asymmetric approach to treaty interpretation fits within a comparative international law project. Section III provides an introduction to the CEDAW Committee. Section IV illustrates the CEDAW Committee’s inflexible treatment of Muslim states parties’ reservations to the Convention, which constitute regressive deviations. Section V analyzes the Committee’s permissive treatment of the Scandinavian approach to CEDAW. Section VI explores how the asymmetric approach allows states to develop interpretations of treaties. Section VII concludes and describes potential future avenues of research into the asymmetric comparative international law approach to treaty interpretation.

Keywords:   CEDAW, reservations, temporary special measures, margin of appreciation, calibrated obligations

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 .