Zoran Jovanovski, Vesna Poposka

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International law is facing global unremitting challenges, which are constantly increasing in both scope and content, especially in the context of rising security problems. Universal values:human rights and freedoms are first to be undermined. In such circumstances, states resort to different ways of "relieve" themselves from the imposed obligations by imposing reservations. However, the reservations regime established by the Vienna Convention on the Law of Treaties (1969) is pretty clear. The problems arisein the course of its interpretation and enforcement. The debate on applicability of the reservations regime in the field of human rights treaties has not been exhausted yet. Thispaperis aimed at examining these challenges in an attempt to find answers to these global issues by analyzing the theoretical approaches to the problem and practice of eminent institutions in the area.


international law, approach, normative agreement, international institutions

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Cannizzaro, Е.; Arsanjani, М. (2011). “The Law of Treaties Beyond the Vienna Convention”, Oxford University Press

Cassesse, A. (2005). ”International law” (textbook), Oxford University Press Inc

Crawford, J. (2012). “Responsibility to the international community as a whole”, (speech)

Simma, B. (1998), “Reservations to human rights treaties-some recent development”, (speech)

Fitzmaurice, M. (2006). ”On the protection on human rights, the Rome Statute and reservation to multilateral treaties”, Year Book of International Law and Contributors (2006)10 SYBIL 133-173, Singapore, 2006

Fastenrath, U. (2011). “From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma”, Oxford University Press,

International Court of Justice (1951), Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, International Court of Justice, Advisory Opinion of 28 May 1951

Human Rights Committee (1995), Comment 24 about reserves on International Covenant for Civil and Political Rights

European Convention on Human Rights (1950)

International Covenant on Civil and Political Rights (1966)

Vienna Convention on the Law of Treaties (1969), UN -Treaty Series, Vol. 1155,1-18232,

CoE Recommendation 1223 (1993) concerning the reservations made by the Council of Europe member states on the Council of Europe conventions, adopted on 1 October 1993 (51st Sitting);〈=en

Report of the European Commission for Democracy through Law (Venice Commission), Strasbourg, 8 September 2005


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