BRAZILIAN RESERVATION AT THE PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY
Palavras-chave:
reservation; death penalty; human rights; Rome Statute.Resumo
The present article aims to discuss the institute of reservations, by giving a general overview and discussing further the aspect of reservations on human right treaties. Besides that, it analyzes the Brazilian reservation at the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, in this matter, tries to understand the settings that led the country to make such reservation and how it fits in the present environment. After going over some important international documentation, such as United Nations Resolutions and the Rome Statute, it concludes that this specific reservation has become obsolete.
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Referências
BOWETT, D.W.; Resevations to Non-Restricted Multilateral Treaties, B.Y.I.L., (1976-1977).
CANÇADO TRINDADE A.A.; El Brasil contra la pena de muerte, Revista IIDH, vol. 19. p.550., 1994.
CLARK, B.; The Vienna Convention Reservation Regime and The Convention on Discrimination Against Women, 85 AM. J. INT’L L.
CHINKIN, C.; Human rights as general norms and a state’s right to opt out: reservations and objections to hum .London B.I.I.C.L., 1997.
Constituição Federal Brasileira de 1988. (Brazilian Constitution).
DIXON, M.; Text Book International Law. 6th Edition. Oxford University Press, 2007.
TOMUSCHAT, C.; Human Rights - Between Idealism and Realism. 2nd Edition. Oxford University Press, 2008. The Protocol to the American Convention on Human Rights to Abolish the Death Penalty.
The Rome Statute.
The Second Optional Protocol on the Covenant on Civil and Political Rights.
The Vienna Convention on the Law of Treaties.
