Reservations and Declarations Clause Samples
Reservations and Declarations. The first non-drafting elements that may limit the uniform application of the Conventions are reservations and declarations. Reservations are defined by the 1969 Vienna Convention as: […] a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it pur- ports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.201 In substance, reservations allow each State to be part of an international convention with certain ad hoc adjustments. Declarations are not defined in the 1969 Vienna Convention. However, as discussed above,202 they can be considered as either disguised reservations or political statements with limited impact in international public law. It follows that if many different reservations and declarations were made admissible, they would undermine the whole purpose of the Conven- tions.203 During the 1929 Warsaw Conference, the possibility of allowing ▇▇▇▇▇- vations in the text was discussed. The delegate for Italy voiced the concern that such an inclusion would jeopardize the envisaged uniformity: 201 1969 Vienna Convention, Article 2(1)(d). 202 See, section 3.2.4.3(4). 203 On the effect of reservations, see, ▇▇▇▇▇▇▇ ▇▇▇▇, International Law 693 (8th edition, Cambridge University Press, 2017); ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, Droit International Public 195-203 (8th edition, LGDJ). Il reste dans le procès-verbal que la Délégation italienne considère qu’une Con- vention pour unifier certaines règles ne peut insérer des réserves qui troublent précisément l’unification. En effet, s’il s’agit d’unifier on ne peut admettre que cette unification n’existe pas ou que cette unification soit boiteuse.204 It was however decided, given the purpose of uniformity, to refuse on principle any reservations unless specially allowed.205 Thus, the Additional Protocol to the 1929 Warsaw Convention only authorizes reservations with respect to State flights. Article 40 of the 1929 Warsaw Convention also authorizes High Contracting Parties to declare that said convention does not apply to all or any of its overseas territories. Similar provisions are found in the 1955 Hague Protocol.206 In the same vein, Article 56 of the 1999 Montreal Convention provides that States can submit a declaration if they have two or more territorial units in which different systems of law are applicable in relation to matters dealt with...
Reservations and Declarations. 1. No reservations may be made to this Convention but declarations authorised by Articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be made in accordance with these provisions.
2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary.
Reservations and Declarations. Although many human rights treaties do not allow reservations to be entered, and generally agree that reservations and declarations can compromise the goals and objectives of a treaty, Article 28, paragraph 2 of the CEDAW allows reservations and declarations to be formulated, as long as they are compatible with the goals of the convention. This article has led to problems with the convention’s implementation: the reservations effectively legitimate fragmentation of the convention, and grant prevalence to the sovereignty of the state.26 The article also gives each state free reign to decide whether or not these reservations and declarations are compatible with the goals of the convention. ▇▇▇▇▇▇▇ believes that this has led to 26 ▇▇▇▇▇▇, “Analysis of the State, Justifications, and Ratification of the CEDAW,” 51-52. an abuse of reservations. She also states that by formulating reservations and declarations, the states show their unwillingness to uphold their obligations to the convention. Morocco and other Arab states have entered reservations and declarations about some of the most fundamental articles of the convention text. Reservations formulated to article 2 allow states to free themselves of any obligation to adopt policies and measures that will put an end to discrimination against women.27 This jeopardizes the essential purpose of the convention: to eliminate all forms of discrimination against women.
Reservations and Declarations. The UK and the Signatory Andean Countries have made a political declaration on the future trading relationship between the UK and the Signatory Andean Countries. They have also made joint declarations to aid the operation and interpretation of the UK-Andean Countries Trade Agreement.
Reservations and Declarations. 1. By a written notification addressed to the Secretary General of the Council of Europe, any Party to the Convention may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, declare that it avails itself of the reservation(s) provided for in Articles 7, paragraphs 9.a and 9.b, Article 8, paragraph 13, and Article 17 of this Protocol. No other reservations may be made.
2. By a written notification addressed to the Secretary General of the Council of Europe, any Party to the Convention may, at the time of signature of this Protocol or when depositing its instrument of ratification, acceptance or approval, make the declaration(s) identified in Articles 7, paragraphs 2.b and 8; Article 8, paragraph 11; Article 9, paragraphs l.b and 5; Article 10, paragraph 9; Article 12, paragraph 3; and Article 18, paragraph 2, of this Protocol.
3. By a written notification addressed to the Secretary General of the Council of Europe, any Party to the Convention shall make any declaration(s), notifications or communications identified in Article 7, paragraphs 5.a and e; Article 8, paragraphs 4, and 10.a and b; Article 14, paragraphs 7.c and 10.b; and Article 17, paragraph 2, of this Protocol according to the terms specified therein.
Reservations and Declarations. 1. No reservations or exceptions may be made to this Agreement.
2. Paragraph 1 does not preclude a State, when signing, ratifying, accepting or approving this Agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State.