Reservations to Human Rights Treaties: A Case Study on the Practice of Czechoslovakia and Its Successor States

In: International Community Law Review
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  • 1 Faculty of Law, Masaryk UniversityBrnoCzech Republic
  • | 2 Faculty of Law, Masaryk UniversityBrnoCzech Republic
  • | 3 International Department, Supreme Court of the Czech Republic; Faculty of Social Studies, Masaryk UniversityBrnoCzech Republic
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Conformity with human rights norms is currently a standard component of democratic states’ policies. However, this conformity is reflected not only in domestic binding catalogues of human rights embodied in constitutions, but also in the continuous rise of international control and treaty commitments. States are widely expected to commit to and ratify international human rights documents. Nevertheless, a great deal of the research on state commitments disregards the effects and changes which might be brought upon these ratifications by the submission of reservations. This article proposes an in-depth analysis of state commitments and the practice of submitting reservations in two case studies: the Czech Republic and Slovakia, together with their common predecessor, communist (and, briefly, democratic) Czechoslovakia, and maps the way these regimes, in their different stages of transitional development, worked with reservations.

This contribution has been elaborated within the framework of the project „International Human Rights Obligations of the Czech Republic: Trends, Practice, Causes and Consequences“, GA13-27956S, supported by the Czech Science Foundation GAČR.

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