International Treaties Reservations: Legal Structure and Practical Implications

Abstract

This article analyzes the mechanism of reservations to international treaties, which is a necessary legal tool to achieve a balance between the universality of multilateral treaties and the national sovereignty of states. Reservation is defined as a unilateral declaration issued by a state or international organization upon joining a treaty, with the aim of excluding or modifying the legal effect of certain provisions. The article is divided into two main sections. The first section focuses on the concept of reservations and their limits, explaining that reservations to treaties are subject to formal and substantive conditions, the most important of which is that the reservation must be consistent with the subject and purpose of the treaty. As for the second section, it addresses the stance of the other parties on the reservation and its legal effects. The article explains that the fate of the reservation depends on the reaction of the other parties, who can either accept the reservation, leading to the treaty being applied in a modified form between the two parties, or object to it; the objection may either prevent the treaty from coming into effect entirely between the two parties or be limited to excluding only the reserved provision. In conclusion, the article emphasizes that reservations, despite their importance in encouraging more countries to join, may lead to the fragmentation of the treaty's legal system and weaken its unity. The article also recommends the need to achieve a delicate balance between the flexibility of reservations and the integrity of the international legal system, while stressing the importance of transparency and imposing stricter limitations on reservations related to human rights treaties.