RETHINKING DEROGATIONS FROM HUMAN RIGHTS TREATIES

• 成果类型: Editorial Material
• 署名作者: Helfer, Laurence R.
• 署名单位: Duke University
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2020.92
• 发表日期: 2021
• 页码: 20-40
• 关键词: international covenant; emergency

摘要

Numerous governments have responded to the COVID-19 pandemic by declaring states of emergency and restricting individual liberties protected by international law. However, many more states have adopted emergency measures than have formally derogated from human rights conventions. This Editorial Comment critically evaluates the existing system of human rights treaty derogations. It analyzes the system's problems, identifies recent developments that have exacerbated these problems, and proposes a range of reforms in five areas-embeddedness, engagement, information, timing, and scope.