LCP4801 LATEST EXAM
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
Feedback on compulsory Assignment 01 – 2011
.
Question 1
Four states (A, B, C and D) conclude a treaty regulating their trade relations.
State A enters a reservation to one of the articles of the treaty. The reservation is
not forbidden by the provisions of the treaty and it does not contradict its object
and purpose. State B does not respond to the reservation, while states D and C
object to the reservation. With reference to relevant authority, explain the
consequences of A's reservation to the operation of the treaty between the parties.
(15 marks.)
Reservations to treaties are governed by articles 19 to 23 of the Vienna Convention
on the Law of Treaties, 1969
Let us have a look at what the relevant provisions of these articles contain:
Answer:
Definition of reservation: A reservation is an offer by the reserving slate to the
other parties to a multilateral treaty, proposing that the agreement between them
will have a certain content
Article 19.
Formulation of reservations.
A State may, when signing, ratifying, accepting, approving or acceding to a treaty,
formulate a reservation unless:
The treaty forbids reservations
The treaty only allows certain reservations
The reservation proposed is contrary to the object and purpose of the treaty.
, lOMoARcPSD|31863004
The General rule is that all treaties can be accepted subject to reservations. If the
treaty is silent on the question of reservations it is assumed reservations are allowed.
Parties to a multilateral treaty may accept or reject the reservation. Failure to
object will be seen as tacit consent. (As is the case where the party does not respond
to the reservation)
A state, which objects to a reservation, may do one of 2 things.
1. Object to the reservation but not to the operation of the treaty, or
2. Object to the reservation and to the treaty coming into operation.
In the first case the treaty will operate minus the offending clause and in the second
case no treaty will operate between the states.
, lOMoARcPSD|31863004
Effect of reservation on a multilateral treaty:
Obligations between states accepting the reservation and the reserving state:
Acceptance may be express or tacit.
The entire treaty applies between the parties.
But the provision in the original treaty to which the reservation was entered
will be replaced by the provisions in the reservation. E.g. if states A, B and C
accept a reservation entered by D, the treaty will apply normally between A, B
and C. it is only the relationships between D and the other states which are
affected by the reservation.
Obligations between states rejecting the reservation and the reserving state:
Rejection must be express.
The reservation doesn't come into operation between the rejecting and the
rejecting state - there is no consensus.
But the clause to which the reservation is entered also cannot apply and is
removed from the treaty for those parties.
The rest of the treaty applies between the parties. If a state rejects the
reservation and the treaty coming into operation, the treaty will not operate
between the 2 states.
Procedure regarding reservations.
1. A reservation, an express acceptance of a reservation and an objection to a
reservation must be formulated in writing and communicated to the contracting
States and other States entitled to become parties to the treaty.
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
Feedback on compulsory Assignment 01 – 2011
.
Question 1
Four states (A, B, C and D) conclude a treaty regulating their trade relations.
State A enters a reservation to one of the articles of the treaty. The reservation is
not forbidden by the provisions of the treaty and it does not contradict its object
and purpose. State B does not respond to the reservation, while states D and C
object to the reservation. With reference to relevant authority, explain the
consequences of A's reservation to the operation of the treaty between the parties.
(15 marks.)
Reservations to treaties are governed by articles 19 to 23 of the Vienna Convention
on the Law of Treaties, 1969
Let us have a look at what the relevant provisions of these articles contain:
Answer:
Definition of reservation: A reservation is an offer by the reserving slate to the
other parties to a multilateral treaty, proposing that the agreement between them
will have a certain content
Article 19.
Formulation of reservations.
A State may, when signing, ratifying, accepting, approving or acceding to a treaty,
formulate a reservation unless:
The treaty forbids reservations
The treaty only allows certain reservations
The reservation proposed is contrary to the object and purpose of the treaty.
, lOMoARcPSD|31863004
The General rule is that all treaties can be accepted subject to reservations. If the
treaty is silent on the question of reservations it is assumed reservations are allowed.
Parties to a multilateral treaty may accept or reject the reservation. Failure to
object will be seen as tacit consent. (As is the case where the party does not respond
to the reservation)
A state, which objects to a reservation, may do one of 2 things.
1. Object to the reservation but not to the operation of the treaty, or
2. Object to the reservation and to the treaty coming into operation.
In the first case the treaty will operate minus the offending clause and in the second
case no treaty will operate between the states.
, lOMoARcPSD|31863004
Effect of reservation on a multilateral treaty:
Obligations between states accepting the reservation and the reserving state:
Acceptance may be express or tacit.
The entire treaty applies between the parties.
But the provision in the original treaty to which the reservation was entered
will be replaced by the provisions in the reservation. E.g. if states A, B and C
accept a reservation entered by D, the treaty will apply normally between A, B
and C. it is only the relationships between D and the other states which are
affected by the reservation.
Obligations between states rejecting the reservation and the reserving state:
Rejection must be express.
The reservation doesn't come into operation between the rejecting and the
rejecting state - there is no consensus.
But the clause to which the reservation is entered also cannot apply and is
removed from the treaty for those parties.
The rest of the treaty applies between the parties. If a state rejects the
reservation and the treaty coming into operation, the treaty will not operate
between the 2 states.
Procedure regarding reservations.
1. A reservation, an express acceptance of a reservation and an objection to a
reservation must be formulated in writing and communicated to the contracting
States and other States entitled to become parties to the treaty.
