Doctrina contemporánea sobre las reservas y declaraciones interpretativas a los tratados de derechos humanos

CASTAÑO, SERGIO RAÚL

Santiago de Chile

Jornada; XIIIa. Jornadas Internacionales de Derecho Natural; 2018

PONTIFICIA UNIVERSIDAD CATÓLICA DE CHILE

The article addresses the issue of reservations and interpretative declarations to human rights treaties, paying particular attention to the problem of the extent to which this right of the State is challenged by internationalist positions that seek to erect a kind of global public order from the constitutionalization of human rights as interpreted by the treaty bodies. Key moments for this topic are the Vienna Convention - with the background of the ICJ Advisory Opinion of 195l - and nowadays the Guide of the I.L.C.. On the one hand, the formal aim of the present study is to treat the recent legal doctrine that has dealt with the question under analysis. On the other, that doctrine is confronted with the empirical reality of international praxis and with the founding principles of the political and legal order.