Basic Considerations of Humanity in Relation to the Law of Treaties

Abstract

It is hardly surprising that basic considerations of humanity surround lately- emerged domains of International Law, such as, e.g., those of human rights protection and of environmental protection. The interpretation and application of human rights treaties have been guided by considerations of a superior general interest or ordre public which transcend the individual interests of Contracting Parties. The present system of reservations, reminiscent of the old Pan-American practice, rescued by the ICJ21 and the two Vienna Conventions on the Law of Treaties, for having crystallized itself in the relations between States, not surprisingly appears entirely inadequate to the treaties whose ultimate beneficiaires are the human beings and not the Contracting Parties themselves. In fact, basic considerations of humanity have permeated also the clauses of denunciation of certain treaties. Last but not least, attention should also be drawn to the interaction of human rights treaties in the process of interpretation.Keywords: human rights; International Law; Law of Treaties