The "Reservations Dialogue" as a constitution-making process
Yahyaoui Krivenko, Ekaterina
Yahyaoui Krivenko, Ekaterina
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Publication Date
2013
Type
Article
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Citation
Yahyaoui Krivenko, E. (2013) 'The Reservations Dialogue as a Constitution Making Process'. International Community Law Review, 15 (3):381-404.
Abstract
The article proposes a new reading of the reservations regime to human rights treaties. The practice developed by states in relation to the reservations regime is analysed and presented as a constitution-making process. This new vision is based on the notion of the reservations dialogue as presented and developed by the Special Rapporteur of the International Law Commission on reservations to treaties. However, the article also proposes a wide reading of the practice of the reservations dialogue using examples from the Convention on the Elimination of All Forms of Discrimination against Women. Based on this analysis, the author formulates some proposals as to a more adequate development of the reservations dialogue and the reservations regime. A development which will favour the formation of inclusive international human rights as a basis for a future international constitution accepted as legitimate by all members of the international community.
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Publisher
Brill Academic Publishers
Publisher DOI
10.1163/18719732-12341258
Rights
Attribution-NonCommercial-NoDerivs 3.0 Ireland