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AbstractHow to address invalid reservations has been an ongoing struggle for States, legal practitioners and academics. This article considers the evolution of severability and whether States intend the language of severance to serve as a signal of their view on legality to reserving States or simply use severability to bolster their own public reputation. Over the past decade, State practice toward invalid reservations to norm-creating treaties has shifted and both this shift and its impact on treaty law must be acknowledged. The arguments and assertions that follow rely heavily on contemporary practice relating to reservations made to the core UN human rights treaties which, admittedly, limits the application of the doctrine in many ways. Review of State practice, especially to human rights treaties, demonstrates that a broader number of States are slowly opting for severability when defining their treaty relations with States authoring invalid reservations. The doctrine of severability is gaining a slow but steady following by a growing number of States though there is tension about whether severing reservations is lex specialis, pertaining only to human rights treaties, or lex ferenda. This article examines the evolving practice and forecasts the role it will play in the future of treaty law.

Intro -- Preface -- Table of Contents -- List of Contributors -- 1. The Faces of Human Rights - An Introduction -- I. 70 Years of the Universal Declaration: A Time for Reflection -- II. Laying the Foundation for Human Rights through the Law of Nature and the Prism of Equality -- III. In the Shadow of War: Developing Universal Human Rights -- IV. The Fight against Discrimination in the Places Close to Home -- V. Navigating the Politics of International Activism -- VI. Human Rights and their Defenders: Moving Forward -- VII. Final Remarks -- PART I: LAYING THE FOUNDATIONS FOR HUMAN RIGHTS THROUGH THE LAW OF NATURE AND THE PRISM OF EQUALITY -- 2. Bartolomé de las Casas (1485-1566): A Radical Humanitarian in the Age of the Great Encounter -- I. A Lifelong Defence of the Amerindian Cause -- II. Fuelling the Duda Indiana in Practice and Theory -- III. The Three Renaissances of Bartolomé de las Casas -- 3. John Locke (1632-1704): The Natural Law Philosopher -- I. John Locke, a Practice-Oriented Philosopher -- II. The Traits of Modern Liberalism in Locke's Political Thought -- III. Locke, a Key Background Source for the Creation and Definition of Human Rights -- 4. Olympe de Gouges (1748-1793): Impressively Ahead of Her Time: A Visionary, Daring Activist and Martyr -- I. An Improbable 'Femme de Lettres', a Feminist Avant la Lettre and a Committed, Democratic Revolutionary -- II. A Holistic, Intelligent Sensitivity that Harboured an Almost Eerie Premonition of Claims to Come -- III. A Buried Legacy Still Waiting to be Properly Celebrated -- 5. Mary Wollstonecraft (1759-1797): The Undutiful Daughter of the Enlightenment and Her Loud Demands for Justice -- I. 'Those Who are Bold Enough to Advance Before the Age They Live in Must Learn to Brave Censure' -- II. 'Virtue can Only Flourish among Equals'.

Intro -- Foreword -- Contents -- List of Contributors -- Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law -- I. Mutually Strengthening Dialogue -- II. Discerning Synergies and Shared Values in International Law -- III. Functional Commonalities in International Law -- IV. Exploring Linkages and Boundaries in International Law -- V. Conclusion -- Part I: Discerning Synergies and Shared Values in International Law -- 1. Connecting Public and Private International Law -- I. Introduction -- II. Sources -- III. Connections -- IV. Conclusions -- 2. Windows in International Law -- I. Introduction -- II. Roman Interpretation: Between Strict and Flexible Legal Analysis -- III. Private and Public International Law as Professionally Distinct Fields -- IV. New Descriptive Tools for Private and Public International Law -- V. Windows, (De)coders and Travellers in Private and Public International Law -- VI. Public International Law -- VII. Concluding Remarks -- 3. 'International' Rules in an Internal Setting -- I. Introduction -- II. Case Study: The United Kingdom -- III. Conclusion -- Part II: Functional Commonalities in International Law -- 4. Jurisdiction: Betwixt Unilateralism and Global Coordination -- I. Introduction -- II. Jurisdiction: 'Many, Too Many, Meanings' -- III. Trends towards a Global 'System'? -- IV. Bases of Jurisdiction -- V. Jurisdiction in Private International Law: Global Connectivity and 'Justice Pluralism' -- VI. Public International Law Jurisdiction: Somewhere between Law and Power -- VII. Improving Coordination of Jurisdictional Frameworks in Private and Public International Law -- VIII. Conclusions -- 5. On the Dwindling Divide between the Public and Private: The Role of Soft Law Instruments in Global Governance.

In the aftermath of 9/11, the United States and its allies declared war on international terrorism. It was claimed that the use of military force against terrorists and their supporters is necessary in order to defend 'our' democracy, freedom and human rights, which are supposedly jeopardized by terrorism. This chapter discusses the ways in which these states have harnessed the power of the UN Security Council – both through its meetings and decisions – in order to perpetuate the othering discourse driving the war on terror. Examining the Council's work in the 1990s, following 9/11, and in response to the 'foreign terrorist fighter' phenomenon, the chapter argues that the language of human rights has, in fact, been co-opted in order to assert the existence of a collective right to be free from terrorism.

In the aftermath of 9/11, the United States and its allies declared war on international terrorism. It was claimed that the use of military force against terrorists and their supporters is necessary in order to defend 'our' democracy, freedom and human rights, which are supposedly jeopardized by terrorism. This chapter discusses the ways in which these states have harnessed the power of the UN Security Council – both through its meetings and decisions – in order to perpetuate the othering discourse driving the war on terror. Examining the Council's work in the 1990s, following 9/11, and in response to the 'foreign terrorist fighter' phenomenon, the chapter argues that the language of human rights has, in fact, been co-opted in order to assert the existence of a collective right to be free from terrorism.