Analysis Of Reservation Of Treaties And The Related Countermeasures Of China

The range and extent of the international community relationships regulated by international law are larger and deeper than ever while the constant globalization progress of the international community and the relationships among states and/or international organizations are getting deeper and closer. The reservation of treaties is a unique system of international law, the application of treaty reservation is inevitable and objective. The treaty reservation not only offers a special legal method to clarify the rights and obligations between or among the subjects of international law but also becomes a tool which can balance and gaming the different countries'interests between or among parties.From the view of historic point of the revolution and development of treaty reservation, from the traditional rules, such as contemporary practice of reservation, the practice of league of nations and Pan American Union till the practice in the early years after the establishment of U. N. and modern rules of reservation such as advisory opinion of International Court of Justice about the reservation of "Convention on the Prevention and Punishment of the Crime of Genocide" on Dec 9th,1948 and the report from the International Law Commission of the reservation of multilateral conventions, the reservation system has experienced the progress from unanimity rule to the rules of harmony. "The 1969 Vienna Convention of Laws of Treaties" established the modern system of treaty reservation, and the "Guide of Practice" has injected the gene of era into the system. The language of the guide of practice is accurate, precise and concise which reflects the superb technical legislative language and provides a scientific footnote for the development and improvement of contemporary international law. The "Guide of Practice" is attached with detailed comments through which we could observe that the guide has been drafted based on absorption of opinions from a wild range of countries and combined with the general practice, the conventions, the judgements and the practice. The purpose of the model provisions which loaded the rules is in order to prompt the use of these provisions in the certain treaties. This has not only granted reservation system the character which complies the special requirements of certain treaties but also saved the flexibility of reservation which the International Law Commission and the representatives of States attach great important to.The scope and the content of the international treaties which China has attended or concluded is expanding and continually getting deeper with the increasing participation of international affairs of China. As a member of Vienna Convention, China has consistently respected and upholden the principles of the Convention and taken a few reservations in practice which presents the image of a big country. However, the number and the range of reservation can not the criterion to measure the international rights and obligations. As the diversity of interests between and among the subjects of international law, the imbalance developments and the initial stage of reservation research and practice of China, this paper tries to make a reasonable thinking and corresponding countermeasures of the reservation system of China using empirical, comparative and other research methods while facing some new situations and problems.