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Discussion On Reservations To Treaties

Posted on:2008-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2206360215473330Subject:International Law
Abstract/Summary:PDF Full Text Request
The system of reservations to treaties is unique in international law, which derives from customary international law and transforms from unanimity rule to compatibility rule. In theory, the system established by the Vienna Convention on the Law of Treaties is very effective, yet there are still some imperfections. However, on the whole, it has balanced the universality and the integrity of treaties. In Practice, reservations to treaties vary from state to state. Therefore, it is difficult to solve all the problems that caused by this system, which is due to the imbalance of the States Interests and the nature of international law being a soft law. There is a useful pattern that may solve this problem. Meanwhile, in order to avoid abusing the system, any contracting states should adhere to the principle of seeking common ground while reserving differences and not take unilateral actions to balance the rights and obligations between each other.
Keywords/Search Tags:Reservation of Treaties, Model of Reservation, Multilateral Treaty, Law of Treaties, International law
PDF Full Text Request
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