Presentation on theme: "Vienna Convention on the Law of Treaties"— Presentation transcript:
1 Vienna Convention on the Law of Treaties Article 19A State may, when signing, ratifying, accepting, approvingor acceding to a treaty, formulate a reservation unless:(a) the reservation is prohibited by the treaty;(b) the treaty provides that only specified reservations,which do not include the reservation in question, maybe made; or(c) in cases not failing under subparagraphs (a) and(b), the reservation is incompatible with the object andpurpose of the treaty.
2 Vienna Convention on the Law of Treaties Article 201. A reservation expressly authorized by a treatydoes not require any subsequent acceptance by theother contracting States unless the treaty so provides.2. When it appears from the limited number of thenegotiating States and the object and purpose of atreaty that the application of the treaty in its entiretybetween all the parties is an essential condition of theconsent of each one to be bound by the treaty, areservation requires acceptance by all the parties….
3 Vienna Convention on the Law of Treaties 4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:acceptance by another contracting State of a reservationconstitutes the reserving State a party to the treaty inrelation to that other State if or when the treaty is in forcefor those States;(b) an objection by another contracting State to areservation does not preclude the entry into force of thetreaty as between the objecting and reserving Statesunless a contrary intention is definitely expressed by theobjecting State;(c) an act expressing a State’s consent to be bound by thetreaty and containing a reservation is effective as soon asat least one other contracting State has accepted thereservation.
4 Vienna Convention on the Law of Treaties Article 211. A reservation established with regard to anotherparty in accordance with articles 19, 20 and 23:(a) modifies for the reserving State in its relationswith that other party the provisions of the treaty towhich the reservation relates to the extent of thereservation; and(b) modifies those provisions to the same extent forthat other party in its relations with the reservingState….
5 Vienna Convention on the Law of Treaties 2. The reservation does not modify the provisionsof the treaty for the other parties to the treaty interse.3. When a State objecting to a reservation has notopposed the entry into force of the treaty betweenitself and the reserving State, the provisions towhich the reservation relates do not apply asbetween the two States to the extent of thereservation.
6 Effetti delle riserveTra lo Stato riservante e lo Stato accettante il trattato si applica tenendo conto della riserva.Tra gli altri Stati il trattato si applica nella formulazione originaria.
7 Effetti delle obiezioni alle riserve Obiezione qualificata:Tra lo Stato riservante e lo Stato obiettante il trattato non si applica.2) Obiezione semplice:Tra lo Stato riservante e lo Stato obiettante il trattato si applica con esclusione della parte investita dalla riserva.
8 Vienna Convention on the Law of Treaties Article 23A reservation, an express acceptance of areservation and an objection to a reservation must beformulated in writing and communicated to thecontracting States and other States entitled to becomeparties to the treaty.2. If formulated when signing the treaty subject toratification, acceptance or approval, a reservationmust be formally confirmed by the reserving Statewhen expressing its consent to be bound by the treaty.In such a case the reservation shall be considered ashaving been made on the date of its confirmation.