An Escape from the Perceived Rationalist-Constructivist Binary: A Look Into Derogable Human Rights Agreements

Abstract

Section II provides a brief review of constructivism and rationalism. Section III follows with explanation of derogation clauses and why they are particularly salient and Section IV outlines the various phases of the treaty process. The European Convention on Human Rights, particularly derogation, is studied alongside the principal frameworks in Section V. Section VI and VII do the same with the International Convention on Civil and Political Rights and the American Convention on Human Rights, respectively. I conclude with a discussion, as informed by my analysis of these three agreements, of the similarities and implications for the broader international human rights regime.