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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 on Treaty Reservations

Impact on the Law on Treaty Reservations

Chapter:
(p.63) 4 Impact on the Law on Treaty Reservations
Source:
The Impact of Human Rights Law on General International Law
Author(s):

Ineke Boerefijn

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565221.003.0004

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 the reservations regime and the validity of reservations to human rights treaties. It then considers the ‘object and purpose’ rule, paying specific attention to general human rights treaties. The chapter also deals with various types of reservations that (potentially) affect the implementation of the entire treaty. It then addresses reservations to norms that have a special status, such as peremptory norms and non-derogable norms. The concluding sections discuss the reservations affecting the role of monitoring bodies and the competence of the monitoring bodies to examine reservations and determine their validity, as well as the consequences of their findings.

Keywords:   United Nations, human rights treaties, reporting, peremptory norms, non-derogable norms

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