@article{Burek2023, author = {Burek, Wojciech}, title = {Treaty flexibility unilaterally boosted}, series = {Netherlands quarterly of human rights}, volume = {41}, journal = {Netherlands quarterly of human rights}, number = {1}, publisher = {Sage Publications Ltd}, address = {London}, issn = {0924-0519}, doi = {10.1177/09240519231151950}, pages = {35 -- 52}, year = {2023}, abstract = {Thus far, research into reservations to treaties has often overlooked reservations formulated to both European Social Charters (and its Protocols) and the relevant European Committee of Social Rights practices. There are several pressing reasons to further explore this gap in existing literature. First, an analysis of practices within the European Social Charters (and Protocols) will provide a fuller picture of the reservations and responses of treaty bodies. Second, in the context of previous landmark events it is worth noting the practices of another human rights treaty monitoring body that is often omitted from analyses. Third, the very fact that the formulation of reservations to treaties gives parties such far-reaching flexibility to shape their contractual obligations ({\`a} la carte) is surprising. An important outcome of the research is the finding that, despite the far-reaching flexibility present in the treaties analysed, both the States Parties and the European Committee of Social Rights generally treat them as conventional treaties to which the general rules on reservations apply. Consequently, there is no basis for assuming that the mere fact of adopting the {\`a} la carte system in a treaty with no reservation clause implies a formal prohibition of reservations or otherwise discourages their formulation.}, language = {en} } @article{Burek2022, author = {Burek, Wojciech}, title = {Reservations to the Istanbul Convention and the role of GREVIO: A call for new approach}, series = {Human rights law review}, volume = {22}, journal = {Human rights law review}, number = {4}, publisher = {Oxford University Press}, address = {Oxford}, issn = {1461-7781}, doi = {10.1093/hrlr/ngac030}, pages = {1 -- 18}, year = {2022}, abstract = {The question of whether the monitoring bodies have competence concerning reservations is at the centre of the discussion of reservations to human rights treaties that has occupied many international legal scholars over the last few decades. The Istanbul Convention's treaty monitoring body, GREVIO, is the only human rights treaty monitoring body with a direct competence concerning reservations. However, as practice to date shows, it does not make much use of this power. This is a big disappointment considering all the efforts of other bodies in the past and the doctrinal positions of various scholars. The main aims of this article are threefold to: present GREVIO's practice to date concerning reservations, provide a brief historical overview of how other human rights treaty bodies have approached their role concerning reservations, and finally, attempt to explain why GREVIO has abandoned a more proactive position on reservations.}, language = {en} } @incollection{WeissZimmermann2022, author = {Weiß, Norman and Zimmermann, Andreas}, title = {Remarks on the relationship between international human rights law and international humanitarian law}, series = {Human rights and international humanitarian law : challenges ahead}, booktitle = {Human rights and international humanitarian law : challenges ahead}, editor = {Zimmermann, Andreas and Weiß, Norman}, publisher = {Edward Elgar Publishing}, address = {Cheltenham}, isbn = {978-1-83910-826-6}, doi = {10.4337/9781839108273.00006}, pages = {1 -- 10}, year = {2022}, abstract = {Back in 1949, and thus only one year after the 1948 Universal Declaration of Human Rights, the four Geneva Conventions were adopted, providing a strong signal for a new world order created after 1945 with the United Nations at their centre and combining as their goals both the maintenance of peace and security and the protection of human rights, but also recognising, realistically, that succeeding generations had so far not yet been saved from the scourge of war. Hence, the continued need for rules governing, and limiting, the means and methods of warfare once an armed conflict has erupted. At the same time, the international community has unfortunately not been able so far to fully safeguard individual human rights, its efforts to that effect and the continuous development of international human rights law over the years notwithstanding.}, language = {en} } @article{Weiss1998, author = {Weiß, Norman}, title = {Overlapping human rights guarantees : An analysis of causes and a scetch of possible effects}, isbn = {3- 87061-636-9}, year = {1998}, abstract = {Der Beitrag befaßt sich mit den Ursachen und Folgen menschenrechtlicher Mehrfachgarantien und konkurrierender Kontrollmechanismen.}, language = {en} } @book{OPUS4-27503, title = {The institution of a commissioner for human rights and minorities and the prevention of human rights violations}, series = {Menschenrechtszentrum der Universit{\"a}t Potsdam}, volume = {1}, journal = {Menschenrechtszentrum der Universit{\"a}t Potsdam}, editor = {Klein, Eckart}, publisher = {Spitz}, address = {Berlin}, pages = {85 S.}, year = {1995}, language = {en} } @article{Klein1995, author = {Klein, Eckart}, title = {Some thoughts on preventive protection of human rights}, year = {1995}, language = {en} } @book{OPUS4-22483, title = {The monitoring system of human rights treaty obligation : colloquium, Potsdam, 22./23. November 1996}, series = {Menschenrechtszentrum der Universit{\"a}t Potsdam}, volume = {5}, journal = {Menschenrechtszentrum der Universit{\"a}t Potsdam}, editor = {Klein, Eckart}, publisher = {Berlin-Verl. Spitz}, address = {Berlin}, isbn = {3-87061-636-9}, pages = {205 S.}, year = {1998}, language = {en} } @book{PetzoldLiddell1998, author = {Petzold, Herbert and Liddell, Roderick}, title = {The European Court of Human Rights, Organisation and Procedure : questions concerning the implementation of protocol No. 11 to the European convention on Human Rights ; colloquy, Potsdam, 19.-20. September 1997 ; reports and proceedings}, editor = {Klein, Eckart and Stender, Heike}, publisher = {Univ. Potsdam}, address = {Potsdam}, pages = {266 S.}, year = {1998}, language = {en} } @article{Klein1998, author = {Klein, Eckart}, title = {The Reporting system under the international covenent on civil and political rights}, isbn = {3- 87061-636-9}, year = {1998}, language = {en} } @article{Weiss2008, author = {Weiß, Norman}, title = {Aliens, intregration}, year = {2008}, language = {en} }