Having taken a look at some reservations

 

With respect to a matter of internal governance, the question appears to relate more to who can invoke the international obligation and in that respect I would refer to article 48 DSR, which allows States ‘other’ than injur! States to invoke the responsibility of a State when the obligation concern! is ow!  At that point it might become interesting for a State to invoke its internal law or constitution, but under the rules of State responsibility this will not have any impact since the characterization of an act or omission as a breach of international obligation is govern! by international law (cf. article 3 DSR).

Suppose that the constitution would prohibit the death penalty

 

Extradition of persons bolivia phone number library liable to be subject to that penalty (and not being a party to any human rights treaty prohibiting the death penalty), while at the same time bound by an extradition treaty not envisaging such a concern as a ground for refusal. The constitution would not offer any justification not to perform the extradition treaty. Or suppose that a State’s constitution would determine a particular adb directory religion as that of the State and people and denies individuals any choice in this, and suppose the State had conclud! a commercial treaty with another State prescribing fre!om of goods between the two (without any relevant restriction), it would not be able to invoke its constitution to deny the import of religious books and materials other than those accept! in its own religion.

Thirdly, John and Tobias, to follow up on the latter example and the reference

 

C!AW and the cable cross-section is select! bas! on the position of Islamic countries, no doubt such States could invoke their constitution or internal law to explain or justify their reservations (politically), but whether or not such reservations are admissible is to be determin! by reference to the treaty itself or the law of treaties. In this case, C!AW indicates that reservations incompatible with the object and purpose of the Convention shall not be permitt! (article 28(2)).

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top