dissertation代写案例-Study on res
Study on reservation system of international treaty law
Table of content
1. Introduction. 1
2. Definition and characteristics of reservation. 3
2.1 Definition of reservation. 3
2.2 The characteristics of reservation. 4
3. History of reservation system.. 6
3.1 Reservation system before 1928. 7
3.2 Reservation system from 1928 to 1951. 8
3.3 Reservation system from 1951 to 1968. 10
3.4 Reservation system after 1969. 12
4. Reservation system of “Vienna Convention on the Law of Treaties”. 15
4.1 The rules and regulations of “Vienna Convention on the Law of Treaties” for reservation. 15
4.2 Evaluation on the reservation system.. 25
5. The research process and achievements of United Nations International Law Commission. 28
5.1 Research process. 28
5.2 Research achievements. 30
5.3 Summary of section 5. 31
6. Conclusion. 32
7. Bibliography. 38
Treaty is one of the most important sources of the international law, although the original international law gradually developed from the customary law. With the increasing number of members of the international community, the communications between countries become increasingly frequent and close and the relationship between them is more and more complex. Under this circumstance, treaties play a pivotal role.
With the increase in the number of treaties, the subjects of the treaties changed greatly from the initial treaties between countries to the current treaties between countries and international organizations. And practice of the treaties has become increasingly rich and complex. Moreover, the treaty’s content and form undergone great changes comparing to the past. From the political treaty, the treaty of Friendship and Alliance, territorial treaties to economic treaties, science and technology cooperation treaty, assistance treaties, etc., the treaties are much more diverse, comprehensive and integrated in content, which almost involve all aspects of social life. In the mean time, from the aspect of form, there are conventions, protocols, charters, covenants, agreements, documents, declarations, notes, interim agreements, memoranda of understanding, joint communiqué, which present a flourishing situation. However, a series of legal issues of treaties also are produced, such as contracting authority, valid and invalid of the treaty, and determination of termination.
Among all the issues related to the treaties, the problem of reservations of treaties has long been a major problem perplexes the international law scholars. So far, there is still controversy on this issue constantly and there is no fully satisfactory solution. Since the first example of reservations to multilateral treaties in history, then “Havana Convention on the Law of Treaties” in 1928, International Court of Justice issued on “the Prevention and Punishment of the Crime of Genocide” in 1951, and then “Vienna Convention on the Law of Treaties” in 1969. The international community's efforts on this issue continue. Since 1994 International Law Commission of the United Nations put this issue on its agenda and Mr. Alain Pellet was appointed as thematic reporter at the end of 2006, the reporter has submitted 11 reports on the subject and some relevant issues are still under the consideration in the process.
Thus, the problem of reservations to treaties plays an important role in the treaty law. A satisfactory solution of this problem would have a significant impact and far-reaching significance on the law of treaties and the whole development of international law.
Firstly, this paper starts from the concept and characteristics of the reservations to treaties. Based on the analysis of the evolution of the system of reservations to treaties, the History of reservation system is clearly presented and a further detailed analysis on the current "Vienna Convention on the Law" is performed to retain the characteristics of the system and to retain its advantages and disadvantages. Following this, the Commission's study process and findings is introduced to clarify the International Law Commission on the issue of research methods and ideas.
Christian Tomuschat, Human Rights Between Idealism and Realism, 2008, Oxford University Press, Oxford
Ineta Ziemele, Reservations to Human Rights Treaties and the Vienna Convention Regime, 2004, Martinus Nijhoff Publishers, The Netherlands
Javaid Rehman, International Human Rights Law, 2010, Pearson Education Limited, Edinburgh, Gate, England
Jo M. Pasqualucci, The Practice and Procedure of The Inter-American Court of Human Rights, 2003, Cambridge University Press, Cambridge