RESERVATION Ikaningtyas

INTERNATIONAL TREATIES BACKGROUND INTERNATIONAL TREATIES STATES (with vary souvereignity and Political Necessity) The legal regime of reservations has been codified in the Articles 19 to 23

STATE kedaulatan STATE kedaulatan STATE kedaulatan SUBJECT OF TREATY LAW STATE kedaulatan STATE kedaulatan

DEFINITION According to Article 2 (1)(d) : "reservation" means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty whereby it purports to exclude or modify the legal effects of certain provisions of the treaty in their application to that State.

Pasal 2 ayat 1 di Konvensi Wina 1969 Menolak,menerima/ terikat Pada 1 / lebih ketentuan perjanjian Pernyataan sepihak suatu negara waktu menyatakan persetujuan untuk Terikat pada perjanjian internasional Mengenai : Mengubah isi 1/ lebih ketentuan perjanjian Pada waktu menyatakan persetujuan untuk terikat pada perjanjian tertulis

Components of Reservation : Unilateral statement---- sovereignity Time to proposed reservation To exclude, to modify, to interpret Written form

PURPOSE OF RESERVATION To exclude reserving state refuse to be bound (legal effect) with particular articles in treaty To modify reserving state accept the legal effect of the particular articles of treaty but by their own interpretaio. to interpret clarifying what meaning or extent it attributes to a given treaty ot to some of its provisions

CLASSIFICATIONS Major substantive Reservation Minor substantive Reservation

PROHIBITION OF RESERVATION Clearly stated in the treaty (article 19 (a)) ex : UNCLOS 1982 the treaty provides for only specified reservations (article 19 (b)) ex : Convention on continental shelf 1958 This is often the case when during negotiations it becomes apparent that a certain provision in a treaty will not be agreed upon by all parties. Therefore, the possibility is given to parties not to agree with that provision but to agree with the treaty in general

Dilarang oleh perjanjian Reservation kombinasi Ketentuan tertentu saja boleh direservasi Bertentangan dengan maksud dan tujuan perjanjian

in cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty Point 3 is called the compatibility test and is difficult to determine. It is not always clear what the object and purpose of the treaty is. Especially when treaties are long and complex. Reservation to jus cogens questions

LEGAL EFFECTS accepting state Reserving state objecting state Acceptance --- the reservation apply to reserving state and accepting state when the treaty is enter into force Objection --- reservation does not preclude the entry into force of the treaty between reserving state and objecting state

WITHDRAWAL OF RESERVATIONS Withdrawal of reservation, or an objection, is regulated by articles 22 and 23 (4) Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time. Unless the treaty otherwise provides, or it is otherwise agreed: (a) the withdrawal of a reservation becomes operative in relation to another contracting State only when notice of it has been received by that State; (b) the withdrawal of an objection to a reservation becomes operative only when notice of it has been received by the State which formulated the reservation.

4. The withdrawal of a reservation or of an objection to a reservation must be formulated in writing.

Students presentation (31/3)