The paper discusses the relevance of bona fide in general international law on withdrawal from human rights treaties. It argues from recent international practice that withdrawal calls into question a particular trend of case law of monitoring bodies, without undermining the ongoing process of "judizialization" of international law. The duty of bona fide requires that the withdrawing States respect procedural rules essentials to favour negotiation and reactions from the all contracting States.
Procedural obligations and good faith: the case of the human rights treaties / Deborah Russo. - In: QUESTIONS OF INTERNATIONAL LAW. - ISSN 2284-2969. - ELETTRONICO. - (2014), pp. 35-44.
Procedural obligations and good faith: the case of the human rights treaties
RUSSO, DEBORAH
2014
Abstract
The paper discusses the relevance of bona fide in general international law on withdrawal from human rights treaties. It argues from recent international practice that withdrawal calls into question a particular trend of case law of monitoring bodies, without undermining the ongoing process of "judizialization" of international law. The duty of bona fide requires that the withdrawing States respect procedural rules essentials to favour negotiation and reactions from the all contracting States.File | Dimensione | Formato | |
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