Administrative law solves conflicts. But, at the same time, it’s a battlefield. Principles and values do exist. And judicial review plays an important role in crafting and enforcing them. Nonetheless, a significant part of administrative law is in the hands of multiple … [Read more...]
Reservations to Human Rights Treaties: From Draft Guideline 3.1.12 to Guideline 3.1.5.6.
This article addresses the issue of reservations to human rights treaties in the light of the work done by the International Law Commission and its Special Rapporteur, Mr Alain Pellet. Part 1 gives a short historical background for the topic. Part 2 provides a concise overview of … [Read more...]
Institutional aspects of the Guide to Practice on Reservations
The aim of the Guide to Practice on Reservations to Treaties is to assist practitioners of international law, who are often faced with sensitive problems concerning, in particular, the validity and effects of reservations to treaties, and interpretative declarations. The chief … [Read more...]
Reservations and Time Is there only one Right Moment to Formulate and to React to Reservations?
Time is an important element in the process of reservations to treaties and, consequently, in the legal regime established by the Vienna Conventions for reservations and reactions thereto. The very definition of reservations, embodied in article 2(1)(d) of the 1969 and 1986 … [Read more...]
The ILC Guide to Practice on Reservations to Treaties A General Presentation by the Special Rapporteur
The purpose of this article is to revisit the protracted saga of the International Law Commission Guide to Practice on Reservations to Treaties, as the Special Rapporteur has lived it for nearly 18 years and 16 reports. In the first part, the article recounts the elaboration … [Read more...]
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