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date: 05 December 2020

Abstract and Keywords

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.

Keywords: Human rights remedies, General principles of international law, Specific treaties, Sources of international law

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