ReservationsandDeclarationsinMultilateralTreatiesRegional.pptVIP

Reservations and Declarations in Multilateral TreatiesRegional Training on Treaty Law and Practice Treaty Section, Office of Legal Affairs United Nations;Reservations;Why are reservations important?;What are reservations?;How are reservations different from declarations?;Who can formulate a reservation?;When can reservations be formulated?;Reservation made on signature; The Depositary’s Role When reservations are made, the depositary must determine whether such a reservation should be accepted upon signature or upon deposit of an instrument. If a declaration or statement is made, the depositary must make a prima facie determination as to whether the declaration or statement is in fact a reservation. What does the treaty say? Either the treaty is silent as to reservations, or has provisions relating to reservations. If the treaty has provisions relating to reservations, the depositary is guided by the relevant provisions of the treaty itself. ;Reservations Prohibited Where a treaty expressly prohibits reservations: The depositary makes a preliminary legal assessment whether a statement constitutes a reservation. If it has no bearing on the State’s legal obligations, and is not therefore a “reservation”, the SG will formally receive the statement in deposit and circulate it. The UN SG will not circulate an unauthorised reservation. Where the SG requests a clarification and the State confirms the absence of a reservation, the State is estopped from relying on the statement as a reservation at a later date. ;Examples;Treaty Expressly Authorises Reservations;Treaty authorizes only specified reservations;Treaty is silent on reservations;Who decides whether a reservation is consistent with the object and purpose? ;Objections to Reservations Only States which are signatories or parties to a treaty may object to a reservation. Where a reservation has been circulated, States concerned have 12 months to object, beginning on the date of the depositary not