The Reservation to Treaty

Author:Jana Maftei - Vasilica Negrut - Varvara Coman
Position:Associate Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania - Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania - Assistant Professor, PhD in progress, 'Danubius' University of Galati, Faculty of Law, Romania
Pages:161-165
SUMMARY

In this paper we aimed at analyzing the reservation to the treaty, a theme involving issues related to one of the most important areas of public international law, namely the Law of Treaties. The reservation to the treaty is regarded as one of the most controversial issues in the international law, which has generated intense discussions and debates and it has been analyzed both by the doctrine... (see full summary)

 
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Legal Sciences
161
The Reservation to Treaty
Jana Maftei
1
, Vasilica Negru
2
, Varvara Licua Coman
3
Abstract: In this paper we aimed at analyzing the reservation to the treaty, a theme involving issues
related to one of the most important ar eas of public international law, namely the Law of Treaties. The
reservation to the treaty is regarded as one of the most controversial issues in the international law, which
has generated intense discussions a nd debates and it has been analyzed both by the doctrine a nd by the
international states and organizat ions. We aim at interpreting and explaining t he content of the articles of
the 1969 Vienna Convention on the Law of Treaties on the reservation to the Treat y in order to establish
the meaning and scope thereof, and a t identifying the relationship between the reservation to the treaty
and the states’ sovereignty. W e do not believe that our analysis is exhaustive regarding the reservation to
the Treaty, b ut we have highlighted the importance of this institution relative to the conduct of relations
between states respecting the principles of international law.
Keywords: multilateral treaties; states; treaty law; Vienna Convention 1969
1. Introduction
The Treaty represents today the main tool that confirms the cooperation of States within international
relations, “the major r oute” (Anghel, 2000, p. 72) of occurrence and development of law, it makes all
the other branches to be influenced, as the Law of Treaties “is intended to regulate absolutely all
relations that take place between entities that have international capacity.” (Ploeteanu et al., 2005, p.
32)
Schwartzenberger believed that the treaty allowed the parties to solve final, actual and potential
disputes, which allowed the parties to amend or supplement the customary international rules on the
path of principles and standards that may lead to the transformation of international society into one
that can be organized at the level of social integration. (Schwartzenberger, 1967, pp. 151-152)
Article 2, paragraph 1 of the 1969 Vienna Convention
4
on the Law of Treaties defines international
treaty as “an agreement concluded between States in written form and governed by international law,
whether recorded in a single instrument document or twice in more related instruments, whichever
their particular denomination.”
The International treaty is concluded under the essential purpose of producing legal effects, namely to
create, modify or extinguish the rights and obligations towards international law involved subjects, as
a result of the consent they gave to the conclusion of the Treaty. Consensual nature of the Treaty
requires the existence of mutual consent of all states for the birth of conventional relationships, as an
indispensable condition for its validity. In terms of number of states participating in the treaty, we
1
Associate Professor, PhD, “Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, Galati,
Romania, tel: +40372 361 102, fax: +40372 361 290. Corresponding author: janamaftei@univ-danubius.ro.
2
Professor, PhD, “ Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, Galati, Romania, tel:
+40372 361 102, fax: +40372 361 290. Corresponding author: vasilicanegrut@univ-danubius.ro.
3
Assistant Professor, PhD in progress, “Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd,
Galati, Romania, tel: +40372 361 102, fax: +40372 361 290. Corresponding author: varvaracoman@univ-danubius.ro.
4
Vienna Convention on the Law of Treaties was opened for signature in 1969 and entered into force on January 27, 1980

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