Summary Stappenplannen Public international law (RD314)

Case law: Reservations

1 Article 2(1)(d) VCLT: Is the action qualified as a reservation?
• 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 to modify the legal effect of certain provisions of the treaty


in their application to that State
• Reservations are only relevant as to multilateral treaties. Should a state purpose a
reservation to a bilateral treaty, it is considered merely a proposal for re-negotiations
2 Article 19 VCLT: Does the treaty allow reservations? This Article sets out three possibilities
as to whether the treaty in question does not allow state parties to create reservations:
• (a): The reservation is prohibited by the treaty
• (b): The treaty provides that only specified reservations, which do not include the reservation


in question, may be made
• (c): In cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible
with the object and purpose of the treaty
° Reservations to the Genocide Convention: With reference to article IX of the Convention,
disputes relating to the interpretation, application or fulfilment of this Convention shall be
submitted to the ICJ at the request of any of the parties to the dispute
3 Article 20 VCLT: Is there an acceptance or objection to reservation?
• Article 20(4)(a) VCLT: Acceptance will lead to the situation where both the treaty and the
provision enters into force between the reserving State and the accepting State to the extent
of the reservation (reciprocity)
• Article 20(5) VCLT: When a State remains silent, the treaty and the provision will enter into


force between the reserving state and the accepting State to the extent of the reservation
after a period of twelve months
• Article 21(3) VCLT: When a State objecting to a reservation has not opposed the entry into
force of the treaty between itself and a reserving State, the provisions to which the
reservation relates do not apply as between the two States to the extent of the reservation
• Article 20(4)(b) VCLT: A State objects and the treaty does not enter into force
4 Article 21 VCLT
5 Conclusion



Case law: Termination of treaties

1 Article 54 VCLT: The termination of a treaty may take place:
• (a): In conformity with the provisions of the treaty
• (b): At any time by consent of all parties after consultation with the other States
• Unilateral termination
2 There are three possibilities for unilateral terminations:
• Material breach Article 60(3) VCLT
° Bilateral treaties Article 60(1) VCLT
Gabcikovo-Nagymaros par. 106: Only a material breach of the treaty itself, by a State
party to that treaty, which entitles the other party to rely on it as a ground for
terminating the treaty. The violation of other treaty rules or of rules of general
international law may justify the taking of certain measures, including countermeasures,
by the injured State, but it does not constitute a ground for termination under the law of
treaties
° Multilateral treaties Article 60(2)(a)-(c) VCLT
Gabcikovo-Nagymaros par. 106: Only a material breach of the treaty itself, by a State
party to that treaty, which entitles the other party to rely on it as a ground for
terminating the treaty. The violation of other treaty rules or of rules of general
international law may justify the taking of certain measures, including countermeasures,
by the injured State, but it does not constitute a ground for termination under the law of
treaties
° Article 60(5) VCLT: Paragraphs (1)-(3) do not apply to provisions relating to the
protection of the human person concerned in treaties of a humanitarian character