International law has been characterized by two interconnected and yet opposite trends. On the one hand, States have demonstrated an increasing commitment to human rights by concluding several multilateral treaties. Along with substantive provisions, these conventions also established courts and quasi-judicial bodies charged with monitoring compliance by States Parties. Given the impact of these supervising mechanisms, States Parties have often refrained from expressing their consent to the treaty- based petition systems. On the other hand, far from benefiting from a special legal regime, human rights treaties are governed by the general principles on the law of treaties. As a result, States Parties can enter reservations, understanding and declarations (RUDs) to avoid certain treaty obligations. Using an empirical approach based on statistical data available, this paper analyses these main ‘strategies’ to which States Parties can resort to circumvent their obligations, assessing their impact vis-à-vis States’ compliance rate with human rights provisions.

Between a (Procedural) Rock and a (Substantive) Hard Place? Exploring Strategies and Current Trends of States’ Acceptance and Compliance with Human Rights Treaty Obligations / V. Botticelli. - In: THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS. - ISSN 1569-1853. - 22:3(2023 Dec), pp. 485-520.

Between a (Procedural) Rock and a (Substantive) Hard Place? Exploring Strategies and Current Trends of States’ Acceptance and Compliance with Human Rights Treaty Obligations

V. Botticelli
2023

Abstract

International law has been characterized by two interconnected and yet opposite trends. On the one hand, States have demonstrated an increasing commitment to human rights by concluding several multilateral treaties. Along with substantive provisions, these conventions also established courts and quasi-judicial bodies charged with monitoring compliance by States Parties. Given the impact of these supervising mechanisms, States Parties have often refrained from expressing their consent to the treaty- based petition systems. On the other hand, far from benefiting from a special legal regime, human rights treaties are governed by the general principles on the law of treaties. As a result, States Parties can enter reservations, understanding and declarations (RUDs) to avoid certain treaty obligations. Using an empirical approach based on statistical data available, this paper analyses these main ‘strategies’ to which States Parties can resort to circumvent their obligations, assessing their impact vis-à-vis States’ compliance rate with human rights provisions.
courts and tribunals; human rights; individual applications; inter-State applications; interpretative declarations; jurisdiction; quasi-judicial bodies; reservations
Settore IUS/13 - Diritto Internazionale
Settore GIUR-09/A - Diritto internazionale
dic-2023
Article (author)
File in questo prodotto:
File Dimensione Formato  
LPICT_22_03_Botticelli.pdf

accesso riservato

Tipologia: Publisher's version/PDF
Dimensione 530.67 kB
Formato Adobe PDF
530.67 kB Adobe PDF   Visualizza/Apri   Richiedi una copia
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/1029691
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 0
  • ???jsp.display-item.citation.isi??? 0
  • OpenAlex ND
social impact