THE SCOPE OF RESERVATIONS TO INTERNATIONAL TREATIES

Abstract

Subject of reservations to international treaties is one of the important issues in the international community, because of its raised legal belonging to the States parties to the Treaty , and in their relations with contractual terms with each other , which results from this treaty exemption State which made a reservation to certain provisions of the treaty, and accept State or States and other participating compliance with certain provisions of the Treaty, the Convention has made it's in the Na Law of treaties of 19 69 to establish the definition of the reservation states that " A unilateral declaration that the state takes when signing, ratifying, acceding to or accepting the treaty with the aim of excluding or modifying the legal effect of some provisions of the treaty in confronting it . ” The reservation may be in the form of exclusion that intends to exclude the legal effect of the provisions contained in the treaty in order not to implement it. the state of the reservation, in addition to the presence of the second type of reservation called the interpretative reservation, which aim to give the texts that have been impounded in certain in order to apply to the State which made a reservation, or that being applied to the text by the interpretation seen , which is not inconsistent with the values The principles of the legal state demanded the reservation . It should be noted that the agreement in the yen to the Law of treaties of 1969 had indicated to how to formulate a reservation, as was Article 23 of the above - mentioned Convention procedures relating to the reservation, and these procedures should be expressed reservations and explicit acceptance, as well as Objection to it in writing and not orally and is sent to other parties who will be members of the treaty, as required by the agreement if the reservation is made at the time of signing the treaty subject to ratification Or acceptance or approval, the reserving state must formally prove it upon expressing its consent to abide by the treaty, and in such a case the reservation shall be deemed to have been made from the date of its confirmation .