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The Oxford Handbook of the Sources of International Law edited by d'Aspremont, Jean; Besson, Samantha (26th October 2017)

Part IV The Regimes of the Sources of International Law, s.XX Sources of International Human Rights Law, Ch.40 Sources of International Human Rights Law: Human Rights Treaties

Bruno Simma

From: The Oxford Handbook of the Sources of International Law

Edited By: Jean d'Aspremont, Samantha Besson

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 11 July 2020

Human rights remedies — Specific treaties — General principles of international law — Sources of international law

This chapter investigates the structure of the rights and obligations running within human rights treaties as legal instruments designed for the realization of common humanitarian interests. It does so from a legal-positivist point of departure. The chapter first deconstructs the mantra of the so-called ‘objective’ human rights treaty obligations. It then analyses the legal position of the individuals whose rights are consecrated in human rights treaties and identifies these rights as genuine treaty entitlements. This is followed by a concise depiction of the specific legal consequences derived from the characteristics of the treaties, focusing on the hotly debated topic of reservations. The chapter concludes by comparing its views with those expressed in chapter 39 on the topic of sources of international human rights law.

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