Limiting the Effect of a Convention through Derogations, Reservations or Limitations.
-Derogation- the suspension of a treaty for a temporary period of time.
-Reservation- the alteration of certain provisions of a treaty so as to render them unenforceable on the reserving state.
-Limitation- the interpretation of provisions according to local laws rather than by strict adherence to international norms.
Derogations
-Derogation has the effect of suspending part of the treaty for a temporary period of time.
-Derogations should only be made in a time of state emergency, where suspension is necessary for the safety and welfare of that nation. It is presumed that once the state of emergency has lifted, the state will no longer derogate.
-There is no derogation from the five non-derogable rights, rights which are seen as so fundamental that a state may not suspend them even in a time of war.
-A major problem with derogation is that a state may remain in the necessary state of public emergency for years on end.
Reservations
-A reservation has the effect of excluding or legally altering certain provisions of a treaty, thereby precluding their compliance with those provisions.
-Along with the signature or ratification, the state will submit specific language of "we ratify subject to…"
-Ratifications are allowed so long as they are
not incompatible with the "object and purpose" of the treaty. -The UN Human Rights Committee will decide if the proposed reservation is “legal”, in that it is not contrary to the purpose of the treaty.
-Some treaties do not allow for reservations.
Limitations
-The Universal Declaration of Human Rights allows for states to make limitations to treaties as determined by the written laws of that particular state.
-Unlike reservations or derogations, limitations are invoked by local state laws rather than written into the treaty itself.
-Limitations allow for the interpretation of treaties to be culturally relative, in that the states are allowed national discretion in defining certain elements of the provisions and do not have to interpret strictly according to international norms.
-While the UDHR provides for this margin of appreciation, limitations must be in the written laws of the state and limitations may not arbitrarily applied.
-Limitations are never allowed from the five categories of non-derogable rights, like torture or freedom from slavery.