Reservation (international law)

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A reservation in international law according to the Vienna Convention on the Law of Treaties is the unilateral declaration of a state when concluding a contract , through which the state aims to exclude or change the legal effects of individual contractual provisions in application to this state.

Reservations are permissible if the contract in question does not prohibit them and if they are compatible with the aim and purpose of the contract.

Reservation and parliamentary participation

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

The problem is the agreement of a reservation with regard to parliamentary participation, which can mean that a treaty that has already been signed is never ratified (see, for example, the EEC-Turkey Association Agreement , signed in Ankara in 1963, but never ratified). A reservation is included in the text of the treaty in order to relativize the legal effects of the international treaty with the occurrence of the conditions, i.e. to change it. Located in the national approval procedures , drawn up consent law , however, refers to the original text of the contract, not the altered through the reservation contract. One view therefore takes the view that a reservation distorts the will ofBundestag and Bundesrat , because the contract to which the consent relates will take effect with a different content. The opposite view argues that the reservation of consent in Article 59  (2) of the Basic Law only applies if the Federal Republic of Germany enters into commitments. A reservation does not represent such a binding, since it only limits the scope of the contractual binding. A reservation could not limit Germany's foreign policy and legislative powers.

literature

  • Alexander Behnsen: The right of reservation of international treaties. Proposal for reform. Berlin 2007. ISBN 978-3-428-12255-4 .
  • Rolf Kühner: Reservations about multilateral international agreements. Berlin 1986. ISBN 3-540-16625-4 .
  • Michael Schweitzer: Constitutional law, international law, European law. 10th edition Heidelberg 2010. ISBN 978-3-8114-9775-7 .

Individual evidence

  1. ↑ Art. 2 para. 1 lit. d Vienna Convention of May 23, 1969 on the Law of Treaties.
  2. ↑ Article 19 of the Convention.