States reserve international treaties
Abstract
The reservation system to international treaties is one of the most prominent legal methods and procedures used by states during previous periods, but international jurisprudence did not show interest in the issue of reservation until recently, because the reservation has specificity in organizing many important issues in international relations except that the matter was related to rights The human person, the maintenance of international peace and security, or the elimination of chemical and nuclear weapons. Most of these matters require states to take a serious stand to regulate them in international treaties dealing with these issues.
It is no secret to anyone that the reservation gives the state the right to express its reservation to some of the provisions of the treaty during signature, ratification or accession as a guaranteed right in accordance with Articles (19-23) of the Vienna Convention on the Law of Treaties 1969 AD which is the basic rule that was later launched by many treaties between States, however, it is not possible in any way to leave states to express their reservations whenever the matter contradicts their interests, and consequently, this right is misused as an excuse to disassociate itself from international obligations.
Keywords:
Reservation, states, international treaties, signature, international obligations.
How to Cite
Ali Ammar Sukar. (2024). States reserve international treaties. مجلة الحق للعلوم الشرعية والقانونية, 319-331. https://doi.org/10.58916/alhaq.vi.259
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
References
1.
References list
2.
First: Arabic books
3.
- Ibrahim Al-Daraji, The Crime of Aggression and the Extent of Legal Responsibility for It, Al-Halabi Legal Publications, Beirut, 2005.
4.
- Ahmed Iskandari Muhammad Nasser Bu Ghazala, Lectures in Public International Law - Introduction and Treaties, Dar Al-Fajr for Publishing and Distribution, 1st ed., Cairo, 1998.
5.
- Khairi Ahmad Al-Kabbash, Criminal Protection of Human Rights - A Comparative Study in the Provisions of Islamic Sharia, Constitutional Principles and International Charters, Dar Al-Jami’een, Egypt, 2002.
6.
- Saad Haqi Tawfiq, The New International System, Al-Ahlia Publications, Amman, 1999.
7.
- Charles Rousseau, Public International Law, translated by: Shukrallah Khalifa and Abdul Mohsen Saad, Al-Ahlia for Publishing and Distribution, Beirut, 1987.
8.
- Math Nortman, Faisal bin Misfir Al-Hababi, Principles of International Law, Qatar University Publishing House, 2023.
9.
- Muhammad Sami Abdul Hamid, Introduction to the Study of Public International Law - The International Rule - Introduction Sources, New University House, 1st ed., Alexandria, 2015.
10.
- Mohamed Bousultan, Principles of Public International Law, Vol. 2, Dar Al-Gharb for Publishing and Distribution, Oran, 1999.
11.
- Mohamed Talat Al-Ghanimi, The Mediator in the Law of Peace, Maaref Establishment, 1st ed., Alexandria, 1982.
12.
- Mustafa Salama Hussein, Public International Law, University House, 1st ed., Beirut, 1988.
13.
- Mustafa Ahmed Fouad, The General Theory of International Conducts Issued by the Unilateral Will, Maaref Establishment, 1st ed., Alexandria, 1984.
14.
- Montaser Saeed Hamouda, Contemporary International Law, Dar Al-Fikr Al-Arabi, Alexandria, 3rd ed., 2008.
15.
- Abdel Moez Abdel Ghaffar Najm, Public International Law, Dar Al-Nahda Al-Arabiyya for Publishing and Distribution, 3rd ed., Cairo, 2015.
16.
- Ali Ibrahim, Public International Law - Jurisprudential Theories, Sources and International Responsibility, Vol. 1, Dar Al-Nahda Arabic: Arabic, 1st ed., Cairo, 1997.
17.
- Omar Saadallah, Introduction to International Human Rights Law, University Publications Office, Algeria, 2003.
18.
Second: Foreign books:
19.
-1 Lysen (G), The International Regulation of Armaments: The Law of Disarmament, (Skrifter fran Juridiska fakulteten i uppsala= uppsala studies in law), Iustus Forlag (December 10, 1990), p. 178.
20.
-Kappeler (D), Les Reserves dens les Traites Interationau: Bale, Verilag fur Resht und Gesellschaft, 1958.
21.
-Fitzmaurice (G), <>, London, Vol.2, part 1, 1953.
22.
- Brierley (J.L), <>, Vol. 2, part 1, 1950, p.283.
23.
Third: Articles:
24.
- Ibrahim bin Daoud, Withdrawal from Nuclear Non-Proliferation Treaties in Accordance with the Rules of International Law, Journal of Political and Legal Notebooks, Issue 8, Faculty of Law and Political Science, University of Ziane Achour, Djelfa, Algeria, 2013.
25.
- Baya Abdelkader, Reservations to Human Rights Treaties as a Mechanism for Protecting National Public Order, Journal of Political and Legal Notebooks, Volume 12, Issue 2, Algeria, 6-1-2020.
26.
- Basil Youssef Basil, State Sovereignty in Light of International Protection of Human Rights, Journal of the Center for Strategic Studies and Research, Issue 49, 1998.
27.
- Hamida Ali Jaber, Reservations on the CEDAW Agreement (Arab Countries as a Model), Journal of Arts, Literature, Humanities and Social Sciences, Issue 54, July 2020.
28.
- Hamza Salem Ismail, Mechanisms for Monitoring International Treaties in the Framework of Their Relationship between the Libyan Internal System and the International System, Al-Jami’i Journal, Issue Thirty-Three, Libya, Spring 2021.
29.
- Salah Al-Busaisi, The International Treaty and Its Monitoring in Light of the New Iraqi Constitution, Al-Ghari Journal of Economic and Administrative Sciences, Volume 2, Issue 10, College of Administration and Economics - University of Kufa, Iraq, December 31, 2008.
30.
- Saddam Hussein Al-Atiri, Harmonization of Yemeni National Laws with International Treaties, Al-Qalam Journal for Humanities and Applied Sciences, Seventh Year, Sixteenth Issue, March 2023.
31.
- Laith Al-Din Saleh Habib, International Reservations on Human Rights Agreements, Journal of the College of Law for Legal and Political Sciences, Volume 2, Issue 4, University of Kirkuk, 2013.
32.
- Fahd Al-Hamidi, The Ruling on Reservations on International Human Rights Agreements for National Security Considerations, Journal of the Sharia and Law Sector, Sixteenth Issue, August 2024.
33.
- Izzat Saad Al-Din, The Law of Treaties and International Agreements for the Protection of Human Rights, Egyptian Journal of International Law, Issue 39, 1983.
34.
- Abdul Samad Rajab Milad Ashmila, Hamed Ali Muhammad Shahoub, The Authority of International Agreements Before the National Criminal Court "The United Nations Convention against Corruption as a Model", The First Scientific Conference: Combating Corruption in Libya from a Legislative Perspective - Under the Slogan: Yes to Building the State, College of Sharia and Law, Al-Asmariya Islamic University, 2021.
35.
- Muhammad Yusuf Alwan, Clauses of Dissolution from International Human Rights Agreements, Journal of Law, Year 9, Issue 1, March 1985.
36.
- Christer Ahlstrom, Article in the Yearbook of the Stockholm International Peace Research Institute in collaboration with the Center for Arab Unity Studies and the Swedish Institute in Alexandria, 2004.
37.
Fourth: Theses and Memoirs:
38.
- Ahmed Shatta, The Legal System of State Sovereignty in Light of Reservations on International Treaties, PhD Thesis, Faculty of Law and Political Science - Abu Bakr Belkaid University, 2017-2018.
39.
- Muhammad Muhyiddin, Lectures in International Law, Faculty of Law, Ben Aknoun, University of Algiers, 2002-2003.
40.
- Reem Atrous Romesa, Reservations to International Treaties and Their Consequences (CEDAW as a Model), Master’s Thesis, Faculty of Law and Political Science, University of Khider Biskra, Algeria, 2020.
