Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them

Abstract

The capacity of states to conclude treaties is the most important premise of their legal personality, but sometimes a state wants to be part of the treaty but also wants to exclude the effect of some provisions. The statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State is called reservation to the treaty. This paper aims to analyze on the basis of a qualitative methodology, based on research in the literature and relevant legal acts, the role of reservations in the conclusion of treaties between states, its content, the acts similar to reservations and also the prohibited reservations. The consequences of the reservations and the relations between reserving sate and the parties of the treaty, as well as other important issues related to them.

DOI: 10.5901/mjss.2015.v6n2s2p97