استادیار دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
Arguing that human rights treaties by their nature are different from other international agreements, this Article deals mainly with such questions as succession of states in respect of human rights treaties and reservations to such instruments. In contrast to other treaties, which are generally “inter-states exchange of interests”, human rights documents are protective instruments according to which states parties undertake to restrain their discretion as regards fundamental rights and freedoms both internally and internationally. This is why adopting different approach to offer a proper theoretical framework as to the above questions seems to be necessary. In addition to author’s classification of human rights treaties into six categories, the idea of automatic succession of states to human rights instruments and invalidity of certain reservations to these treaties are main contribution of this study.