EIRP Proceedings, Vol 7 (2012)

The Reservation to Treaty

Jana Maftei, Vasilica Negruţ, Varvara Coman

Abstract


In this paper we aimed at analyzing the reservation to the treaty, a theme involving issues related to one of the most important areas of public international law, namely the Law of Treaties. The reservation to the treaty is regarded as one of the most controversial issues in the international law, which has generated intense discussions and debates and it has been analyzed both by the doctrine and by the international states and organizations. We aim at interpreting and explaining the content of the articles of the 1969 Vienna Convention on the Law of Treaties on the reservation to the Treaty in order to establish the meaning and scope thereof, and at identifying the relationship between the reservation to the treaty and the states’ sovereignty. We do not believe that our analysis is exhaustive regarding the reservation to the Treaty, but we have highlighted the importance of this institution relative to the conduct of relations between states respecting the principles of international law.

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