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The law of treaties - Reservations

5 important questions on The law of treaties - Reservations

Difference between reservations and interpretative declarations

Interpretative declerations, do not seek to modify the treaty obligation but merely to specify or carifly the meaning or scope the declaring state attaches to to obligation in question. Communicate what the declaring state understands the existing obligation to be.

Difference between reservations and derogations?

Derogation: to not apply certain provisions in the treaty.

How can other state react to another states reservations?

Accept the reservation, object to the reservation and express an intention that the treaty as a whole should not enter into force or object to the treaty but refrain from the intention of not entering into force

When is a reservation not permitted?

Article 19 VCLT.
- Reservations are prohibited by the treaty
- Only certain reservations are allowed by the treaty
- When the reservation is incompatible with the object and purpose of the treaty.

What is severance (when an reservation violates the treaty's object and purpose)?

Ignore the reservation and conclude that the state remains bound by the treaty, including the parts to which the reservations related (Problem: goes against the consent principle.

The question on the page originate from the summary of the following study material:

International Law | 9780198828723 | Anders Henriksen

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