Question : ‘Incompatible reservations to human rights treaties, such as the
International Covenant on Civil and Political Rights (ICCPR), should be severed.’
Based on a critical engagement with the relevant provisions of the Vienna Convention
on the Law of Treaties, the International Law Commission’s Guide to Practice on
Reservations to Treaties, along with relevant case law and academic commentary,
consider the extent to which, if at all, you with this statement.
Introduction.
The universality of contractual participation and the integrity of the contract's substance
were two important but sometimes at odds ideals highlighted by the evolution of
contract law over the last 50 years. The comprehensive treaty emerged as the most
effective form of international law, moreover, developing international law to promote
universal membership. Wider ratification of treaties indicates more consensus and some
differences in the legal rights and duties of states. A flexible approach to contract
reservations reflects this, allowing governments to ratify one or more reservations
without the explicit permission of other parties. 1
However, because of this accommodative attitude and a dearth of incentives for states
to oppose reservations to "legislative" treaties, governments have been able to make
extensive reservations to human rights instruments, undermining the objectivity of such
instruments, the basis of contemporary international human rights protection was
1
Ali Moussa "The judicial resolution of the tension between human rights treaties and shari’a law reservations under
the constitution of 2014." (2018) Theses and Dissertation, law department, The American University in Cairo.
