Les réserves face à la mondialisationpdf des droits de l’homme

Abstract

In the context of the globalization of human rights and democratic values and the erosion of the concept of sovereignty, accession to the international human rights system has become inevitable, the problem is that the most of the Third World countries have limited participation in the establishment of the international human rights instruments, so they find themselves between two choices both difficult either remain outside the Convention, or the approval of the Western values as universal values , the states that object to ratification find themselves in the situation of the potential accused

In This context the importance of the reservation appears as a legal mean to join the international conventions of human rights while preserving the cultural specificities of countries. we will try in this study to shed the light on the legal system of the particularity of the reservation to the international conventions on human rights as a category distinct from the rest of the branches of international law, and we will address the legal and practical problematic raised by the reservation as a tool in the face of the globalization of human rights