CURRENT PROBLEMS OF THE INSTITUTE OF WARNINGS TO INTERNATIONAL AGREEMENTS
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article deals with the problematic issues of science and practice of reservations to international treaties. The article examines the regulation of the Institute of reservations by international legal acts, in particular, the Viennese convention on international treaties of 1969. The result of the work of the UN Commission on International Law is considered. The problem of reservations is due to the fact that multilateral conventions involve a large number of states whose interests do not always coincide. But there are cases when the state considers this or that situation unacceptable for itself. From this, the question arises: is it possible to consider tacit consent as the recognition of the compatibility of the reservation? A large number of scientists engaged in the study of problems in international treaties, but still there are issues and aspects that have remained unclear. The caveat became widespread at the beginning of the 20th century, although the first statements of states belong to the 18th and early 19th century. In the short history the institute has undergone significant changes, which explains the existence of various complexities and contradictions. The first universal treaty was the Vienna Convention of 1969. The notion of reservation contained in the Convention was recognized as a modern doctrine. But there is a significant disadvantage of this Convention – the lack of an objective procedure for establishing the admissibility of the reservation. If the reservation is admissible, then the question arises for the state of its acceptance or the statement of objections against it. In the doctrine, there are two approaches to solving this problem, which are presented by the school of admissibility and the school of opposition. The difference between these schools is based on the excellent approaches to the caveats there. But, of course, in both schools a large number of supporters. The problem of reservations to international treaties deserves the greatest attention. There is a need for further study of the Institute of reservations, which will increase the effectiveness of legal regulation and the effect of international treaties.
Authors and Affiliations
М. В. Пономаренко
Keywords
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