International and Comparative Law Quarterly

Articles

AVOIDING LEGAL OBLIGATIONS CREATED BY HUMAN RIGHTS TREATIES*

Ed Bates

a1 School of Law, University of Southampton

Abstract

This article examines the legality of the options that may be open to a State that is unwilling to accept a legal obligation created by a human rights treaty it has already ratified. It briefly addresses the subject of ‘derogation’ from human rights treaties before looking in detail at denunciation of the same. It proceeds to examine the legality of strategies such as entering a late reservation to a human rights treaty and of denouncing the treaty with the sole purpose of entering a new reservation to it.

Footnotes

* My thanks to Professor David Harris, Professor Rob Cryer and Andrew Serdy for some very useful comments on an earlier draft. Thank you also to Ms Elise Cornu of the Council of Europe Treaty Office and to Professor Francesco Seatzu. Any errors are, of course, the sole responsibility of the author.