Artikel Z - [] The USA’s reservations to the ICCPR

9 important questions on Artikel Z - [] The USA’s reservations to the ICCPR

What is the purpose of General Comment No. 24 on reservations to the ICCPR?



General Comment No. 24 addresses the issue of reservations to the ICCPR and provides guidance on which reservations are acceptable and compatible with the object and purpose of the Covenant.

Who determines whether a specific reservation to the ICCPR is acceptable?



The Human Rights Committee is responsible for determining whether a specific reservation is compatible with the object and purpose of the Covenant.

What are the consequences of an invalid reservation to the ICCPR?

An invalid reservation is generally considered severable, meaning that the Covenant remains operative for the reserving party without the benefit of the reservation
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What is the significance of judicial dialogue in shaping human rights case-law?

Judicial dialogue involves human rights courts and treaty bodies referring to one another and borrowing solutions to similar problems of interpretation. This process has led to the development of a case-law that may be detached from the original intentions of the treaty authors and involves extensive interpretation of states' obligations

Why does the Human Rights Committee have the authority to determine the compatibility of a reservation with the object and purpose of the ICCPR?

The Human Rights Committee is well-placed to determine the compatibility of a reservation because it is an inappropriate task for States parties in relation to human rights treaties. Additionally, the Committee needs to take a view on the compatibility of a reservation to fulfill its duty of examining a State's compliance with the Covenant

How does the approach to interpreting human rights treaties differ from interpreting other types of treaties?

Interpreting human rights treaties involves seeking guidance from other courts and bodies through judicial dialogue, rather than solely focusing on the original intent or literal interpretation. The approach is more similar to that of domestic constitutional or supreme courts

What is the role of domestic courts in the process of judicial dialogue in shaping human rights case-law?

Domestic courts also participate in the process of judicial dialogue by referring to the case-law of international courts and expert bodies. This contributes to the development of a case-law that may deviate from the intentions of the treaty authors

What is the intention of a reserving State or international organization when its reservation to a treaty is found invalid?

The intention of a reserving State or international organization determines its status in relation to the treaty. If no contrary intention is expressed or established, the author of an invalid reservation is considered a contracting State or organization without the benefit of the reservation

What is the view of the International Law Commission on the status of the author of an invalid reservation?

According to the International Law Commission, the status of the author of an invalid reservation depends on the intention expressed by the reserving State or international organization. Unless a contrary intention is expressed or established, the author is considered a contracting State or organization without the benefit of the reservation

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