1. RESERVATION
Ikaningtyas

2. 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

3. STATE kedaulatan STATE kedaulatan STATE kedaulatan SUBJECT OF
TREATY LAW
STATE
kedaulatan
STATE
kedaulatan

4. 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.

5. 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

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

7. 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

8. CLASSIFICATIONS Major substantive Reservation
Minor substantive Reservation

9. 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

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

11. 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

12. 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

13. 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.

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

15. Students presentation (31/3)