ARTICLE 46: RESERVATIONS
Article 46 of the ECT does not provide space for reservations. This chapter analyses the mechanism of reservations under the lens of the Vienna Convention on the Law of Treaties of 1969, the 1951 advisory opinion of the International Court of Justice and relevant State practice. Through an analysis of relevant jurisprudence before the European Court of Human Rights and the UN Committee on Human Rights, the analysis defines the principle utile per inutile non vitiatur and tests its possible application to the ECT case.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.