The interpretation and application of reservations in human rights treaties : the approach of the ICJ, the ECtHR, and the HRC

Abstract

Human rights are universal and inalienable legal guarantees inherent to everybody merely because one exists as an individual. The law regulating these rights has developed and grown to the extent that nowadays one finds multiple legal documents and bodies seeking to enforce the protection of human rights. As such many treaties and instruments have been adopted with the aim of developing international human rights, and implemented at national level to formally provide mechanisms for human rights protection. When ratifying human rights treaties, States agree to be bound by the obligations set forth, however through reservations States are allowed to transpose multilateral treaties to the extent that they deem appropriate and adequate for their interests. Close consideration will be given to the different judicial and non-judicial international bodies that are entrusted with the function of ensuring State party compliance with the duties and obligations of the human rights treaty. Exercising jurisdiction over State parties to human rights treaties, the International Court of Justice (ICJ), the European Court of Human Rights (ECtHR), and the UN Human Rights Committee (HRC) also deal with the application of reservations. Adjudicating on the validity and permissibility of reservations, these bodies have differing views on the application of reservations to multilateral human rights treaties. This lends to possible issues of clashes in the interpretation and application of reservations by these international bodies. This dissertation will analyse the approach taken by these bodies, and concludes by discussing the possible implications of such varying approaches.