Reservations to United Nations human rights treaties : is half a loaf better than no bread?
Date
1996
Authors
Rosenthal, Indira
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Canberra, ACT : The Australian National University
Abstract
Much of the enormous volume of literature on the law of reservations has
been concerned with human rights treaties. This is not surprising given the
centrality of the International Court of Justice's Advisory Opinion on,
Reservations to the Convention on the Prevention and Punishment of the
Crime of Genocide to the law of reservations and the sense that human rights
objectives are not served by the current law of reservations. The concerns
raised in this literature include the failure of the law to protect the rights
expressed in the treaties from the undermining effect of reservations that are
"incompatible" or otherwise invalid. In particular, concern about certain
reservations made to the Convention on the Elimination of All Forms of
Discrimination Against Women (the Women's Convention), to the Convention on the Rights of the Child (the Children's Convention) and to
the International Covenant on Civil and Political Rights (ICCPR or
Covenant), has prompted considerable discussion of the issue of the
application of the law of reservations to all human rights treaties.
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Thesis (Masters sub-thesis)
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