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What is the concept of "reservation" with regard to these human rights treaties?

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Final answer:

The concept of "reservation" refers to a state's intent to not comply with certain aspects of a human rights treaty. In U.S. history, this has often affected Indigenous peoples and their treaties with the government. Today, human rights treaties like the Geneva Conventions and UN conventions extend the responsibilities of states to protect rights universally.

Step-by-step explanation:

The concept of "reservation" in relation to human rights treaties generally refers to a state's declaration that it intends to not abide by certain provisions of the treaty. These reservations may arise from conflicting domestic laws or policies. For instance, when the federal government of the United States established reservations lands for Indigenous tribes, these were meant to be permanent places for their communities to live and practice their culture, often established through treaty.

However, historical policies like termination, a policy which voided treaty agreements and enabled the government to repossess and sell reservation land, have significantly impacted the rights of Indigenous peoples. The Trade and Intercourse Acts further regulated trade between states and across federal borders, affecting the indigenous tribes' economies. Later, the responsibility to protect human rights expanded via international human rights law, affecting treaties universally recognized, such as the Geneva Conventions and the Universal Declaration of Human Rights.

In the U.S., the ability of the federal government to alter treaties unilaterally often led to abuses and the Supreme Court's characterization of reservations as "local dependent communities," which granted Congress the authority to modify any treaty without the input of tribal governments. This has been a contentious issue in terms of Indigenous rights, sovereignty, and the interplay between domestic and international law.

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