Uppsatsmall doc

1.4 Disposition of the Thesis
Due to the fact that these are two at least partly separate purposes or aims with
this thesis (as stated above under “purpose of this thesis and key question”), the
thesis is divided into two main parts. The first part, consisting of chapters 2 to 4,
is generally descriptive, while the second part, with the three remaining chapters,
5 to 7, has a more analytic character. In the latter the author will try to take a
stand as to what has to be done in terms of law reform, that is if there is a need to
introduce rules especially for reservations to human rights treaties, as has been
discussed in the international discourse.
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The GA, in its resolution 48/31 of 9 December 1993, endorsed the decision of the ILC to
include in its agenda the topic “The law and practice relating to reservations to treaties”.
The ILC appointed, at its 46
th
session in 1994, Mr. Alain Pellet Special Rapporteur for the
topic. Official Records of the GA, 49
th
session, Supplement No. 10 (A/49/10) para. 382.
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General comment on issues relating to reservations made upon ratifications or accession
to the Covenant or the Optional Protocols thereto, or in relation to declarations under
article 41 of the Covenant CCPR/C/21/Rev.1/Add.6.

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The first chapter concerns, in more detail, the practice prior to the VCLT, and is
followed by a chapter on the applicable rules, namely articles 2, 19-23 VCLT,
and some thoughts on whether the convention can be seen as international
customary law in its entirety. If it cannot be seen as such, perhaps the reservation
regime in itself nevertheless could be assumed to form part of such international
rule of law. In the final chapter of the first part the treaty relations between the
reserving and objection states are analysed, even if not in a great depth.
The second part of the paper begins with an inquiry into the specific
characteristics of the human rights treaties, and is followed by the second and
subsequent question whether there is any point for a state in making objections to
reservations the state believes are contrary to the treaty’s object and purpose. At
this point, I will try to consider as many perspectives as possible when analysing
the presented issues. The last chapter contains, as an end of the work, a
conclusion and my final remarks.

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