The Practices Of China's Treaty Reservations

Reservations to Treaty is one of the most complex problems in international treaty law theory and practice.Vienna Convention on the Law of Treaty sets out the rules of international law of reservations to treaties,but it is not sufficient to solve the problems encountered in practices.International law commission in 1994 appointed Mr Alan pellet the special rapporteur to "Law and practice related to the reservations to treaty",by the year of 2011,formed to The ILC guide to practice on reservations to Treaties,which is the latest development of this treaty law practices results.Although there is still a blank space in China's treaty reservation legislation,our treaty reservation practice is more frequent,and our country has put forward more than 130 reservations on the more than 400 multilateral international treaties that have been participated in.The practices of these reservations to treaty is worth analyzing in many aspects,and there are many problems that need us to reflect,i hope to find some perfect suggestions for the best use of the rules of international law after studying the rules of international law and comparing the advanced experience of countries and regions in the world.This paper will study the practices of treaty reservations in China by using systematic research,comparative research and empirical research.Apart from the introduction and conclusion,this paper is composed of the following three parts.The first part:the basic compliance of treaty reservation practices in China.This section introduces the theoretical basis of China's treaty reservation and is based on the provisions of article 38 of The Statute of the International Court of Justice,and expounds the basis of the international law on the reservation of China's treaties from the The doctrine of international jurists,international custom,international convention and international judicial precedent.After studying the existing rules of international law,i have discussed The ILC guide to practice on reservations to Treaties from four main aspects,which has been a significant impact in the reservations of multilateral treaties.The second part:the analysis of the types of treaty reservation practice in China.This section will count the practices of all treaties reservation in China since 1949 to 2016,and analysis these reservation practices which our country has made from two aspects,on the one hand,it is based on Vienna Convention on the Law of Treaty,on the other hand,it is based on the classification of the reservations of treaties in China's domestic law.The third part:the reflection and suggestion of China's treaty reservation practices.After studying the basic rules and new developments in international law relating to treaty reservations,i will reflect on the main problems arising from the practices of treaty reservations,then take advantage of the world's advantageous legal experience,finally put forward some suggestions of the treaty reservation system which combines the basic position of our country.