ReservationsByBradfordC.Smith.pptVIP

Reservations By Bradford C. Smith;Reservations;Reservations;Why are reservations important?;What are reservations?;Who can formulate a reservation?;When can reservations be formulated?;Reservation made on signature;Form of Reservations It is a limitation on the commitment undertaken by the State. Must, therefore, be included in the instrument of ratification, acceptance, approval or accession or be annexed to it. If separate, it must be signed by the Head of State or Government or MFA (or a person acting in that capacity or having delegated authority for that purpose issued by one of the above authorities).; 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 S-G will formally receive the statement in deposit and circulate it. The S-G will not circulate an unauthorised reservation. Where the S-G requests a clarification and the state confirms the absence of a reservation, the State is estopped from relying on the statement as a reservation. ;Examples;Examples;Territorial Exclusions – Are they reservations?;Treaty Expressly Authorises Reservations;Treaty authorizes only specified reservations;Treaty is silent on reservations;Who decides whether a reservation is consistent wi