RESERVATIONS TO MULTILATERAL TREATIES IN THE FIELD OF HUMAN RIGHTS IN THE PERSPECTIVE OF THE FRAGMENTATION OF INTERNATIONAL PUBLIC LAW

JUTRONIĆ Antonia (Antonia Jutronić, Ph.D. candidate, Faculty of Law, University of Belgrade), antonia.jutronic@gmail.com
TRIANA Harold Bertot (Harold Bertot Triana, Ph.D. candidate, Faculty of Law, University of Havana), hbertottriana@gmail.com

The present work deals with the institution of reservation, as established in the Vienna Convention of the Law of Treaties of 1969, and its application to human rights treaties. To this end, an analysis of the general aspects of reservations according to general international law is made to demonstrate how its application to regional rights treaties, fundamentally by the jurisprudence of the European Court of Human Rights and the InterAmerican Court of Human Rights, entails their own criteria and reconceptualizations that have become signs of the phenomenon identified as the fragmentation of International Law across institutional and substantive dimensions. However, the article also expresses doctrinal positions and practices that defend elements of complementarity between the system of general international law and the subsystem of human rights in relation to reservations, so that the application of the general regime of reservations to this type of treaties takes into account their characteristics with regard to their object and purpose.

Keywords: reservations, multilateral treaties, admissibility, restriction, fragmentation, Vienna Convention on the Law of Treaties, European Convention on Human Rights, American Convention on Human Rights, European Court of Human Rights, Inter-American Court of Human Rights.