The Convention permits ratification subject to reservations, provided that the reservations are not incompatible with the object and purpose of the Convention. Some States parties that enter reservations to the Convention do not enter reservations to analogous provisions in other human rights treaties. A number of States enter reservations to particular articles on the ground that national law, tradition, religion or culture are not congruent with Convention principles, and purport to justify the reservation on that basis. Some States enter a reservation to article 2, although their national constitutions or laws prohibit discrimination. There is therefore an inherent conflict between the provisions of the State's constitution and its reservation to the Convention. Some reservations are drawn so widely that their effect cannot be limited to specific provisions in the Convention.
Impermissible reservations
Article 28, paragraph 2, of the Convention adopts the impermissibility principle contained in the Vienna Convention on the Law of Treaties. It states that a reservation incompatible with the object and purpose of the present Convention shall not be permitted.
Although the Convention does not prohibit the entering of reservations, those which challenge the central principles of the Convention are contrary to the provisions of the Convention and to general international law. As such they may be challenged by other States parties.
Articles 2 and 16 are considered by the Committee to be core provisions of the Convention. Although some States parties have withdrawn reservations to those articles, the Committee is particularly concerned at the number and extent of reservations entered to those articles.
The Committee holds the view that article 2 is central to the objects and purpose of the Convention. States parties which ratify the Convention do so because they agree that discrimination against women in all its forms should be condemned and that the strategies set out in article 2, subparagraphs (a) to (g), should be implemented by States parties to eliminate it.
Neither traditional, religious or cultural practice nor incompatible domestic laws and policies can justify violations of the Convention. The Committee also remains convinced that reservations to article 16, whether lodged for national, traditional, religious or cultural reasons, are incompatible with the Convention and therefore impermissible and should be reviewed and modified or withdrawn
Removing reservations
The Committee considers that those States parties which have entered reservations to the Convention have certain options open to them. According to the Special Rapporteur appointed by the International Law Commission to report on the law and practice relating to reservations to treaties a State party may:
(a) After having examined the finding in good faith, maintain its reservation;
(b) Withdraw its reservation;
(c) "Regularize" its situation by replacing its impermissible reservation with a permissible reservation;
|
|
|
(d) Renounce being a party to the Treaty.
IX. Translate reservations to the above-mentioned Convention made by Israel into Russian.
Reservations:
"1. The State of Israel hereby expresses its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel. Otherwise, the said article is fully implemented in Israel, in view of the fact that women take a prominent part in all aspect of public life.
"2. The State of Israel hereby expresses its reservation with regard to article 16 of the Convention, to the extent that the laws on personal status which are binding on the various religious communities in Israel do not conform with the provisions of that article."
"3. In accordance with paragraph 2 of article 29 of the Convention, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article."
X. Translate reservations to the above-mentioned Convention made by Iraq into English.
, (f) (g) 2, 1 2 9 16 . , . 1 29 .
.
Wordlist for self-check:
to induce
to attach a reservation
duly recorded
to become partially bound
to purport
to reject a reservation
a proposal reopening the negotiations
to be compatible with
to withdraw a reservation
to invoke
a treaty embodying the amendment
to place on record
VIII. Speak on the style and composition of reservations.
DENUNCIATION
The causes for termination of treaties are multiple, but they can be said to fall roughly into two categories: they can result either from the desire of one or more of the signatories to end up the matter or from unforeseen circumstances.
The first category includes treaties which contain fixed terms or denunciation clauses according to which the will of one of the signatories is sufficient to end them. The second includes, among unforeseen circumstances, the disappearance of the original purpose of a treaty or its obsolescence, whether it be established by the signatories or as the result of a major political event (war, disappearance of a state) leading to the cancellation of all the treaties binding the state in question with the rest of the international community. Moreover, a revolution affecting the form of a government can lead to the cancellation of previous treaties.
A treaty may specify the conditions of its termination, and a bilateral treaty may provide for denunciation by the parties. Where a treaty contains no provisions regarding its termination the existence of the right to denunciation depends on the intention of the parties, which can be inferred from the terms of the treaty and its subject matter, but, according to the Vienna Convention, the presumption is that the treaty is not subject to denunciation or withdrawal. Some important law-making treaties, including the Convention on the Law of the Sea of 1958, contain no denunciation clause. Treaties of peace are presumably not open to unilateral denunciation.
Termination or withdrawal may take place by consent of all the parties. Such consent may be implied. In particular, a treaty may be considered as terminated if all the parties conclude a later treaty which is intended to supplant the earlier treaty or if the later treaty is incompatible with its provisions.
|
|
|
In the case of a bilateral treaty a notice of denunciation usually takes the shape of a formal notification addressed to the other government through the diplomatic agent accredited to the latter. Occasionally, after notice of denunciation is given, the treaty may be maintained, on the basis of a modus vivendi, by means of an exchange of notes, pending its replacement by a new treaty.
In the case of a multilateral treaty, it is usually provided that the notice shall be addressed to the government of the state wherein the treaty was signed, who shall inform the other contracting governments.
In the case of a convention signed under the auspices of the United Nations, it is usually provided that the notice shall be addressed to the Secretary-General.
EXHIBIT 29
NOTICE OF
DENUNCIATION
(of a treaty, convention, etc.)
Your Excellency,
I have the honour by the present note to give notice of the denunciation of the Treaty (Convention, etc.) on..., to take effect on the expiry of one year from the present date, as provided for in Article... of the Treaty (Convention, etc.).
I request Your Excellency to be good enough to communicate a duly certified copy of this notification to all the other States signatory to the Treaty (Convention, etc.).
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.
(signed)
ASSIGNMENTS
I. Read the text and answer the checkup questions.
1. What are the causes for termination of treaties? 2. Does every treaty specify the conditions of its termination? 3. How can a treaty be terminated? 4. What does the right to denunciation depend on? 5. Which treaties are presumably not open to unilateral denunciation? 6. When can a treaty be considered as terminated? 7. Who shall a notice of denunciation be addressed to?
II. Complete the following sentences using the required information from the above text.
1. Where a treaty contains no provisions regarding its termination the existence of the right to denunciation depends on.... 2. According to the Vienna Convention, the presumption is.... 3. Some important law-making treaties contain....
4. Termination or withdrawal may take place by . 5. A treaty may be considered as terminated if.... 6. In the case of a bilateral treaty a notice of termination usually takes the shape of.... 7. In the case of a multilateral treaty, it is usually provided that .
III. Study the text in exhibit 29, comment on its lexical peculiarities.
IV. Memorize the following:
| as laid down as prescribed as provided for as stipulated | in Article 17 of this (the present) Treaty (Convention, etc.) |
V. Translate into Russian taking note of the words and phrases in bold type.
1. The right to unilateral denunciation may be derived either from an express term or from an implied term. 2. With regard to express terms, it is often provided that the treaty shall remain in force for a specified period, and that, when that period is drawing to an end, notice of termination may be given by one party to the other; if however, notice of termination is not given, the treaty remains in force. 3. When notice of termination of a treaty is given, the notice may or may not be accompanied by a statement of the reasons which render this step desirable or necessary. 4. It is generally recognized that the right to unilateral denunciation is more easily implied in the case of commercial treaties than in the case of other treaties. 5. In case neither of the High Contracting Parties shall have given notice to the other twelve months before the expiration of the said period of ten years of its intention to terminate the Treaty, it shall remain in force until the expiration of one year from the date of such notice.
|
|
|
VI. Read the following text, translate into Russian.
Denunciation
Denunciation refers to the announcement of a treaty's termination. Some treaties contain a termination clause that specifies that the treaty will terminate if a certain number of nations denounce the treaty. For instance, the Single Convention on Narcotic Drugs' Article 41 specifies that the treaty will terminate if, as a result of denunciations, the number of Parties falls below 40.
Treaties without termination clauses
Article 42 of The Vienna Convention on the Law of Treaties states that "termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention". Article 56 states that if a treaty does not provide for denunciation, withdrawal, or termination, it is not subject to denunciation or withdrawal unless:
it is established that the parties intended to admit the possibility of denunciation or withdrawal; ora right of denunciation or withdrawal may be implied by the nature of the treaty.
Any withdrawal under Article 56 requires 12 months' notice.
The Vienna Convention does not apply to all nations; the United States, for instance, is not a Party. This makes it unclear exactly how much notice the U.S. must give when withdrawing from treaties lacking a termination clause. For example, on March 7, 2005, the U.S. announced that it was withdrawing from the Consular Conventions Optional Protocol Concerning the Compulsory Settlement of Disputes, a treaty that lacks a termination clause.
VII. TranslateintoEnglish.
12 1949 , 8 1977
( II)
25-
1. , , . , , , , 1, . , , , , .
2. , .
Wordlist for self-check:
termination of a treat
unforeseen circumstances
denunciation clause
the disappearance of the original purpose
obsolescense
cancellation of a treaty
presumption
presumably
a law-making treaty
unilateral denunciation
to supplant the earlier treaty
a noticeof denunciation
to communicate a duly certified copy of the notification
UNIT FOUR
