Vorbehalte zu Menschenrechtsverträgen

Abstract

The doctoral dissertation focuses on the reservations to the international human rights treaties. It relates to a series of legal, cultural and technical perspectives. Due to the changing needs in international relation the current reservation mechanism of Vienna Convention of Law of Treaties was established. However, the increasing meaning to protect the human rights and more and more practice challenge this regime. The present study sees itself as a comprehensive survey of the reservations to human rights treaties. The author analyses the historical development of the reservation regime of international law and the corresponding practice concerning the reservations to human rights treaties. The attention has been driven a fundamental debate about reciprocity, especially the reciprocity in context of human rights law. A game theory model to analyse of the specific problems is established, founding on the calculation of the states interest. The admissibility of the reservations to human rights treaties is surveyed, which relates to the defect of reservation regime of the Vienna Convention of the Law of the Treaties, and more importantly, the political, traditional and cultural diversity of states in the World. The practice of the various organs of human rights treaties is exanimated, in order to survey the competence of the organs to supervise the reservations of the states and the current interaction between the organs and the states. Concerning the legal consequence of the inadmissible reservation to human rights treaties, the analysis of the different approaches is made. Through the entire doctoral thesis latest corresponding legal practices, namely the Guide to Reservation of the International Law Commission, and the trend of human rights protection in international treaty law area, are presented and surveyed. From this finding, the author comes to concrete suggestions of how the problems of reservations to human rights treaties should be resolved and how the current law of treaty should be improved.