RESERVATIONS TO THE COUNCIL OF EUROPE CONVENTIONS, FOCUSING THE RESERVATIONS TO THE 1951 EUROPEAN CONVENTION ON HUMAN RIGHTS
RESERVATIONS TO THE COUNCIL OF EUROPE CONVENTIONS, FOCUSING THE RESERVATIONS TO THE 1951 EUROPEAN CONVENTION ON HUMAN RIGHTS

Summary/Abstract: The purpose of this article is to provide a systematic review of reservations in the Council of Europe Conventions and especially reservations to the Convention of Human Rights and Fundamental Freedoms. In the first part of this article the author analyzes preparatory work of states on articles about reservations to the Convention of Human Rights and other European Conventions. The second part focuses the case law of the European Court of Human Rights and application of the Convention in some major cases and legal standards of the European order. A comparative and critical review of case law in the European Court of Human rights is presented together with its decisions in the light of major legal norms in the national and international laws. Finally, the author investigates the influence of regional practice in the Council of Europe and survival of this system on the universal level in the international law. The author especially points out the importance of reservations to treaties in the modern international law, particularly in the ratification process of main universal normative treaties.

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