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The Impact of Naturalistic and Legal Positivist Doctrines on the Implementation of International Human Rights Treaty Law

The Case of Reservations to Human Rights Treaties

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The Impact of Naturalistic and Legal Positivist Doctrines on the Implementation of International Human Rights Treaty Law by Despoina Glarou
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Description

The concept of human rights has developed during the last 60 years mainly through multilateral treaties as a positivist branch of public international law. However, key positivist doctrines such as pacta sunt servanda or state sovereignty pose significant obstacles to the effective realization of a modern human rights regime. The universal, inherent and inalienable nature of fundamental human rights, deriving from their natural law origins, are often set aside by such doctrines and annulled. Through close examination of reservations to human rights treaties, this study sheds new light on the deep interplay of naturalistic and legal positivist doctrines on the progress and implementation of human rights law (CEDAW, HR Committee, ILC). It is argued that the positions of apex human rights bodies regarding reservations reveal that establishing a human rights concept within a legal positivist environment, without a systematic methodological foundation, endangers its basic sustainability.
Release date NZ
January 2nd, 2017
Country of Publication
Germany
Imprint
Nomos Verlagsgesellschaft
Pages
387
Dimensions
152x224x23
ISBN-13
9783848734757
Product ID
26637935

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