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The Impact of Human Rights Law on General International Law$
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Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

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Impact on the Law of Treaties

Impact on the Law of Treaties

Chapter:
(p.23) 2 Impact on the Law of Treaties
Source:
The Impact of Human Rights Law on General International Law
Author(s):

Martin Scheinin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565221.003.0002

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 relative strengths and weaknesses. The positivist approach, the dogmatic approach, and the fragmentation approach to the relationship between the VCLT and human rights treaties were rejected. Instead, the chapter expresses sympathy for the two remaining approaches, namely the constitutional and the reconciliation approaches.

Keywords:   Vienna Convention, human rights treaties, positivist approach, dogmatic approach, fragmentation approach, constitutional approach, reconciliation approach

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