Journal Citation:
56(2) Netherlands International Law Review, 167-205 (2009)
This article examines States'
responsibility under international law to
implement treaty obligations, and to
withdraw legislation that is in
incompatible with treaty obligations. The
article uses the International Law
Commission's Articles on State
Responsibility to define the notion of
breaching obligations. The article
examines the powers and mandates of
various United Nations monitoring bodies,
and, under section 5.3, focuses
specifically on violations of the
"Convention on the Elimination of
Discrimination Against Women (CEDAW). The
article outlines the inquiry procedures
included in many treaties, which allow the
treaty bodies to investigate systemic
and/or grave violations of human rights.
Finally, examples of domestic laws that
are in violation of various conventions,
including CEDAW, are provided.