On Development Of System Of Reveration To Treaties And Its Practice In China

Since the entry into the 21st century, the globalization is becoming increasingly strengthened and the range of the social relation that the international laws adjusts is therefore becoming wider and wider. Likewise, with close relationship between nations, international treaties are becoming more and more important. There is objectivity and inevitability for the application of System of Treaties Reservation. Technically, Reservation is the interest select for the contracting parties when there is conflict between treaties and Domestic Law or when there is conflict between treaties and the obligations that the contracting parties have to bear. Surely, the select is based on the sovereignty and contract. In Vienna Convention on the Law of Treaties, The System of Treaties Reservation has been established, with the transition from "unanimity" to "conformity", basically realizing the balance between completeness and popularity of sovereignty and treaties. However, with the constant change and development of the international society, new situations on treaty reservation such as "outdated reservation" and "territory exclusion" occur, as a result of which, it is far from satisfactory for us to strictly follow the stipulations in the Convention to meet the needs of situation changes. Experimentally, the Secretary General accommodates the new situation according to the spirits of the Convention and meanwhile, the committee also works on the research of the related problems on treaty reservation, due to which, The System of Treaties Reservation can be improved and perfected.With the increasingly frequent international co-operations, there is a growing chance and scope for our country to participate in contracting international treaties. As a member country of Vienna Convention on the Law of Treaties, China consistently respects the aims of treaties, and fulfills every obligation of them, fostering a good image of a large country. However, due to the unbalance of the interests among all the subjects of the international laws, reservation becomes a means to maintain the interest of the contracting parties in the process of contract. In order to prevent the System of Treaties Reservation from being abused, the subjects of the international laws should try to seek common ground on major question while reserving differences on minor ones. That is to say, they should consider the common interest of the international society while protecting their own benefits, trying to keep the balance of rights and obligations among all the contracting parties so as to enable accord development of the whole society.