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Effect of Reservations on the Entry into Force of the American Convention (Articles 74 And 75)

Inter-American Court of Human Right.  24 September 1982 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

The individual in international law — In general — Human rights and freedoms — Whether States parties to human rights treaties assumed obligations towards individuals — Individual right to petition — American Convention on Human Rights, 1969

Treaties — In general — Conception and function of treaties — Character of human rights treaties compared to traditional multilateral treaties — Object and purpose — American Convention on Human Rights, 1969

Treaties — Conclusion and operation of treaties — Ratification of treaties — With reservations — Entry into force — Whether dependent on acceptance by other States parties — American Convention on Human Rights, 1969

Treaties — Interpretation of treaties — Principles and rules of interpretation — Interpretation of provisions in their context — Object and purpose of the treaty

Treaties — Interpretation of treaties — Consideration of preparatory work — Examination ofpreparatory work of the American Convention on Human Rights, 1969

Disputes — Other international courts — Inter-American Court of Human Rights — Scope of advisory jurisdiction — Whether Inter-American Commission competent to request advisory opinion — Adjudicatory and advisory machinery — American Convention on Human Rights, 1969

Treaties — Conclusion and operation of treaties — Reservations — American Convention on Human Rights, 1969, Articles 74 and 75 — Entry into force of a ratification with a reservation — Whether dependent on acceptance by other States parties — Competence of Court to give advisory opinion — Competence of Commission to request advisory opinion — Vienna Convention on Law of Treaties, 1969 — Object and purpose of reservation — Character of human rights treaties compared with traditional multilateral treaties — Whether State parties assumed obligations towards individuals or other States — Availability of adjudicatory and advisory machinery to object to reservations

Type
Case Report
Copyright
© Cambridge University Press 1984

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