The Vienna Convention regime on reservations is adequate for all kinds of treaties, including human rights treaties. Do you agree?

Abstract

The Vienna Convention on the Law of Treaties (VCLT) is one of the cornerstones of international law, setting forth the rules and procedures for forming, terminating, and interpreting treaties between states. An important aspect of the Convention relates to reservations, or the ability of states to make declarations and statements that modify certain treaty provisions. In effect, a reservation enables a state to be party to a treaty while excluding the legal impact of a specific treaty provision to which it is opposed. The only limitations that the Convention imposes on reservations concern those that a treaty expressly bans, or specific reservations that are explicitly authorised. Moreover, the reservation must not contradict the treaty's intent or purpose, as determined by the parties themselves.