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Article 25 - Reservations

Published online by Cambridge University Press:  10 December 2021

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Summary

Article 25: Reservations

1. At the time of signature, ratification, acceptance, approval or accession, each State may formulate reservations, unless the reservations are incompatible with the object and purpose of this Treaty.

2. A State Party may withdraw its reservation at any time by notification to this effect addressed to the Depositary.

INTRODUCTION

Article 25 of the Arms Trade Treaty (ATT) addresses reservations. Reservations seek to change or modify a State’s treaty obligations. As one commentator put it,‘States may ask that treaty terms be tailored to their individual preferences, turning a prix fixe menuà la carte‘ (Swaine, 2006, p. 307).

The International Law Commission (ILC) most recently defined a ‘reservation’ as:

[A] unilateral statement, however phrased or named, made by a State or an international organization when signing, ratifying, formally confirming, accepting, approving or acceding to a treaty, or by a State when making a notification of succession to a treaty, whereby the State or organization purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State or to that international organization (ILC Guide, 2011, 1.1).

In general, States propose reservations to ‘adapt the treaty to domestic and legal circumstances [ … ]’ (Swaine, 2012, p. 277). However, it has been stated:

[T]here are probably few subjects in classical general international law which ignite such impassioned debates as the apparently extremely technical subject of reservations to treaties [ … ]: for some, reservations are an absolute evil because they cause injury to the integrity of the treaty; for others, to the contrary, they facilitate a broader adhesion and, thus, universality (Pellet, 2013, p. 323).

In addition to generating divisive opinions, the subject of reservations is also noted as one of the most complex parts of treaty law (Swaine, 2006, p. 307). This is in part because the Vienna Convention on the Law of Treaties (VCLT), while establishing rules on reservations applicable to all treaties, is vague on some fundamental issues (such as the legal effect of objections to reservations). The VCLT’s regime on reservations consists of six short articles and does not provide a comprehensive framework.

Type
Chapter
Information
The Arms Trade Treaty
Weapons and International Law
, pp. 397 - 404
Publisher: Intersentia
Print publication year: 2021

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