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Analytical Guide


Reservations to Treaties*

last update: 10 July, 2014
A. Mandate
    - 1993 recommendation of the Working-Group on the long-term programme of work  
    - G.A. Res.48/31 of 9 December 1993
    (E, F, S, R, C, A)
B. Studies undertaken by the Secretariat and Reports of the Secretary-General
     1. 61st session of the International Law Commission (2009)
       - Reservations to treaties in the context of succession of States: Memorandum by the Secretariat
- U.N. Doc. A/CN.4/616 (F, S, R, C, A)
C. Reports of the Working Group or Sub-Committee
     1. 63rd session of the International Law Commission (2011)
       - Text and title of the draft guidelines constituting the Guide to Practice on Reservations to treaties, as finalized by the Working Group on Reservations to Treaties from 26 to 29 April, and on 4, 5, 6, 10, 11, 12, 17 and 18 May 2011
      - See the statement of the Chairman of the Working Group on Reservations to treaties, of 20 May 2011
- U.N. Doc. A/CN.4/L.779 (F, S, R, C, A)
     2. 63rd session of the International Law Commission (2011)
       - Conclusions on the reservations dialogue provisionally adopted by the Working Group on Reservations to Treaties on 6, 12 and 14 July 2011
      - See the statement of the Chairman of the Working Group on Reservations to treaties, of 28 July 2011
- U.N. Doc. A/CN.4/L.793 (F, S, R, C, A)
     3. 63rd session of the International Law Commission (2011)
       - Recommendation on mechanisms of assistance in relation to reservations, provisionally adopted by the Working Group on Reservations to Treaties on 26 July 2010
      - See the statement of the Chairman of the Working Group on Reservations to treaties, of 28 July 2011
- U.N. Doc. A/CN.4/L.795 (F, S, R, C, A)
   
D. Reports of the Special Rapporteur
    1. Proposed a more neutral title such as "Reservations to treaties". Main issues: introduction; the Commission's previous work on reservations and the outcome; brief inventory of the problem of the topic; and the scope and form of the Commission's future work. 
      - First Report of the Special Rapporteur, Mr. Alain Pellet (47th session of the ILC (1995))
- U.N. Doc. A/CN.4/470 (F, S, R, C, A) and Corr.1 (F, S, R, C, A) and 2 (F, S, R, C, A)) 
- ILC Report, A/50/10, (F), 1995, chp. VI(B), paras.416-491
    2. Considered the Commission's future work on the topic and proposed a provisional general outline of the study: first report on reservations to treaties and the outcome, the future work of the Commission on the topic, conclusion of the chapter. Dealt, on the one hand, with the legal regime for reservations and substantive rules applicable to reservations in general, and on the other hand, with the application of this general regime to human rights treaties. Contained a draft resolution addressed to the General Assembly on reservations to multilateral normative treaties. 
      - Second Report of the Special Rapporteur, Mr. Alain Pellet (48th session of the ILC (1996))
- U.N. Doc. A/CN.4/477 (F, S, R, C, A) , Corr.1 (French only), Corr.2 (S, R, C, A) and Add.1 (F, S, R, C, A) and Add.1/Corr.1 (English only), Add.1/Corr.2 (French only), Add.1/Corr.3 (F, S, R, C, A) and Add.1/Corr.4 (French only)  
- ILC Report, A/51/10 (F), 1996, chp. VI(B), paras.108-138
    3. Definition of reservations (and of interpretative declarations) to treaties.  
      - Third Report of the Special Rapporteur, Mr. Alain Pellet (50th session of the ILC (1998))
- U.N. Doc. A/CN.4/491 (F, S, R, C, A), Add. 1 (F, S, R, C, A), Add.2 (F, S, R, C, A) and Add.2/Corr.1 (F, S, R, C, A) , Add.3 (F, S, R, C, A) and Add.3/Corr.1 (Arabic, Russian and French only), Add.4 (F, S, R, C, A) and Add.4/Corr.1 (F, S, R, C, A) Add.5 (F, S, R, C, A) , Add.6 (F, S, R, C, A) and Add.6/Corr.1 (F, S, R, C, A)
- ILC Report, A/53/10 (F), 1998, chp. IX(B), paras.478, 481-520

    4. Review of the earlier work of the Commission on the topic, together with a general presentation of the fourth report.  

      - Fourth Report of the Special Rapporteur, Mr. Alain Pellet (51st session of the ILC (1999))

       

- U.N. Doc. A/CN.4/499 (F, S, R, C, A) and A/CN.4/478/Rev.1 (F, S, R, C, A)
- ILC Report, A/54/10 (F), 1999, chp. VI(B) , paras. 466 and 467
    5. Review of the earlier work of the Commission on the topic. Consideration of alternatives to reservations and interpretative declarations and the formulation, modification and withdrawal of reservations and interpretative declarations. Consolidated text of all draft guidelines dealing with definitions adopted on first reading or proposed in the fifth report.
      - Fifth Report of the Special Rapporteur, Mr. Alain Pellet (52nd session of the ILC (2000))
- U.N. Doc. A/CN.4/508 (F, S, R, C, A) and Add.1 (F, S, R, C, A) , Add.2 (F, S, R, C, A), Add.3 (F, S, R, C, A), and Add.4 (F, S, R, C, A)
- ILC Report, A/55/10, 2000, chp.VII, paras. 623-661
- ILC Report, A/56/10, 2001, chp.VI, paras. 112-115 (consideration of A/CN.4/508/Add.3 and 4)

    6. Review of the modalities of formulating reservations and interpretative declarations (in particular their form and notification) as well as the publicity of reservations and interpretative declarations (their communication, recipients and obligations of the depositary), together with a consolidated text of all draft guidelines dealing with the formulation of reservations and interpretative declarations proposed in the fifth and sixth reports.
      - Sixth Report of the Special Rapporteur, Mr. Alain Pellet (53rd session of the ILC (2001))
- U.N.Doc.A/CN.4/518 (F, S, R, C, A) and Add.1 (F, S, R, C, A), Add. 2 (F, S, R, C, A) and Add.3 (F, S, R, C, A)
- ILC Report, A/56/10, 2001, chp.VI, paras. 112-155
    7. Review of the earlier work on the topic; the lessons drawn from the consideration of the previous report; and the main developments of the past year. Consideration of withdrawal and modification of reservations to treaties and interpretative declarations, including the form and procedure for the withdrawal of a reservation as well as the effect of such a withdrawal; as well as the modification of reservations, together with a consolidated text of all draft guidelines adopted by the Commission or proposed by the Special Rapporteur.
      - Seventh Report of the Special Rapporteur, Mr. Alain Pellet (54th session of the ILC (2002))
- U.N. Doc. A/CN.4/526 (F, S, R, C, A) and Add.1 (F, S, R, C, A) , Add.2 (F, S, R, C, A) and Add.3 (F, S, R, C, A)
- ILC Report, A/57/10, 2002, chp. IV, paras. 48 - 101
    8. Conclusion of the study on the withdrawal and modification of reservations and interpretative declarations, by considering first the issue of enlargement of the scope of reservations and second the issue of withdrawal and modification of interpretative declarations. The second part of the report was devoted to the formulation of objections to reservations and interpretative declarations.
      - Eighth Report of the Special Rapporteur, Mr. Alain Pellet (55th session of the ILC (2003))
- U.N. Doc. A/CN.4/535 (F, S, R, C, A) and Add.1 (F, S, R, C, A)
- ILC Report, A/58/10, 2003, chp. VIII, paras. 326 - 366
    9. Consideration of the object and definition of objections. Complementary to the eighth report on the formulation of objections to reservations and interpretative declarations.
      - Ninth Report of the Special Rapporteur, Mr. Alain Pellet (56th session of the ILC (2004))

- U.N. Doc. A/CN.4/544 (F, S, R, C, A)
- ILC Report, A/59/10, 2004, chp. IX, paras. 248 - 295

    10. Discussion of the expression “validity of reservations”; the principle derived from the chapeau of article 19 of the Vienna Convention and the problems raised by express or implicit prohibitions of reservations, covered in subparagraphs (a) and (b) of that article; as well as of the compatibility of reservations with the object and purpose of the treaty, stipulated in article 19 (c) (validity or invalidity of reservations relating to the
    application of internal law, customary rules or the rules of jus cogens) and the determination of the validity of reservations and the consequences thereof.
      - Tenth Report of the Special Rapporteur, Mr. Alain Pellet (57th session of the ILC (2005))
- U.N. Doc. A/CN.4/558 (F, S, R, C, A) and Corr.1 (F, S, R, C, A), Add.1 (F, S, R, C, A) and Add.1/Corr.1 (F, S, R, C, A), and Add.2 (F, S, R, C, A).
- ILC Report, A/60/10, 2005, chp. X, paras. 333 - 438
    11. An overview of the consideration of the seventh to tenth reports, together with a consideration of recent developments with regard to reservations to treaties. Consideration of the formulation and withdrawal of objections to reservations.
      - Eleventh Report of the Special Rapporteur, Mr. Alain Pellet (59th session of the ILC (2007))

- U.N. Doc. A/CN.4/574 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp. IV, paras. 50-67

    12. Procedure for the acceptance of reservations: express or tacit acceptance of reservations, form and procedure for express acceptances of reservations, acceptance of reservations to the constituent instrument of an international organization, and irreversibility of acceptances of reservations.
      - Twelfth Report of the Special Rapporteur, Mr. Alain Pellet (59th session of the ILC (2007))

- U.N. Doc. A/CN.4/584 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp. IV, paras. 113-152

    13. Reactions to interpretative declarations (positive reaction — approval, negative reaction — opposition, reclassification, silence, and rules applicable to the formulation of an approval, opposition or reclassification in respect of an interpretative declaration) and conditional interpretative declarations
      - Thirteenth Report of the Special Rapporteur, Mr. Alain Pellet (60th session of the ILC (2008))

- U.N. Doc. A/CN.4/600 (F, S, R, C, A)
- ILC Report, A/63/10, 2008, chp. VI, paras. 80-122

    14. Summary of the lessons to be drawn from the completion of the consideration of the tenth report in 2006, and from the consideration of the eleventh, twelfth and thirteenth reports in 2007 and 2008 by the Commission and by the Sixth Committee of the General Assembly, supplemented by a presentation of the main contemporary developments concerning reservations.
      - Fourteenth Report of the Special Rapporteur, Mr. Alain Pellet (61st session of the ILC (2009))

- U.N. Doc. A/CN.4/614 (F, S, R, C, A) and Corr.1 (E only) and Add.1 (F, S, R, C, A) and Add.2 (F, S, R, C, A)
- ILC Report, A/64/10, 2009, chp. V, paras. 64-82

    15. Continuation of the fourteenth report, dealing with the effects of reservations and interpretative declarations.
      - Fifteenth Report of the Special Rapporteur, Mr. Alain Pellet (62nd session of the ILC (2010))

- U.N. Doc. A/CN.4/624 (F, S, R, C, A) and Add.1 (F, S, R, C, A) and Add.2 (F, S, R, C, A)
- ILC Report, A/65/10, 2010, chp. IV, paras. 47-78

    16. Status of reservations, acceptances of and objections to reservations and interpretative declarations in the case of succession of States.
      - Sixteenth Report of the Special Rapporteur, Mr. Alain Pellet (62nd session of the ILC (2010))

- U.N. Doc. A/CN.4/626 (F, S, R, C, A) and Add.1 (F, S, R, C, A)
- ILC Report, A/65/10, 2010, chp. IV, paras. 79-104

    17. The reservations dialogue, dispute settlement in the context of reservations and instructions for the Guide to Practice.
      - Seventeenth Report of the Special Rapporteur, Mr. Alain Pellet (63rd session of the ILC (2011))

- U.N. Doc. A/CN.4/647 (F, S, R, C, A) and Add.1 (F, S, R, C, A)
- ILC Report, A/66/10, 2011, chp. IV, paras. 65-71

   
E. Reports of the Drafting Committee
    1. 49th session of the International Law Commission (1997)
      - Texts of a draft resolution and draft conclusions adopted by the Drafting Committee on first reading
- U.N. Doc. A/CN.4/L.540 (F, S, R, C, A)
    2. 50th session of the International Law Commission (1998)

- Titles and texts of draft guidelines of the Guide to Practice adopted by the Drafting Committee of the fiftieth session

- U.N. Doc. A/CN.4/L.563 (F, S, R, C, A) and Corr.1 (F, S, R, C, A) and 2 (French only)
    3. 51st session of the International Law Commission (1999)

- Titles and texts of the draft guidelines adopted by the Drafting Committee

- U.N. Doc. A/CN.4/L.575 (F)
    4. 52nd session of the International Law Commission (2000)

- Titles and texts of the draft guidelines adopted by the Drafting Committee

- U.N. Doc. A/CN.4/L.599 (F, S, R, C, A)
    5. 53rd session of the International Law Commission (2001)

- Titles and texts of the draft guidelines adopted by the Drafting Committee

- U.N.Doc.A/CN.4/L.603 (F, R, C, A) and Corr. 1 (F, R, C, A) and Corr.2 (English only) and A/CN.4/L.603/Rev.1 (Spanish only)
    6. 54th session of the International Law Commission (2002)

- Titles and texts of the draft guidelines adopted by the Drafting Committee

- U.N. Doc. A/CN.4/L.614 (F, S, R, C, A)
    7. 55th session of the International Law Commission (2003)

- Titles and texts of the draft guidelines adopted by the Drafting Committee
- Statement of the Chairman of the Drafting Committee

- U.N. Doc. A/CN.4/L.630 (F, S, R, C, A), Corr. 1 (French only) and Corr. 2
    8. 56th session of the International Law Commission (2004)

- Titles and texts of the draft guidelines adopted by the Drafting Committee

- U.N. Doc. A/CN.4/L.649 (F, S, R, C, A) and Corr.1 (R, C, A)
    9. 57th session of the International Law Commission (2005)
 

- Titles and texts of the draft guidelines adopted by the Drafting Committee
- Statement of the Chairman of the Drafting Committee

- U.N. Doc. A/CN.4/L.665 (F, S, R, C, A)
    10. 58th session of the International Law Commission (2006)
 

- Titles and texts of the draft guidelines adopted by the Drafting Committee
- Statement of the Chairman of the Drafting Committee

- U.N. Doc. A/CN.4/L.685 (F, S, R, C, A) and Corr. 1 (F, S, R, C, A)
    11. 59th session of the International Law Commission (2007)
 

- Titles and texts of the draft guidelines adopted by the Drafting Committee
- Statement of the Chairman of the Drafting Committee

- U.N. Doc. A/CN.4/L.705 (F, S, R, C, A) and Corr. 1 (F, S, R, C, A)
    12. 60th session of the International Law Commission (2008)
 

- Titles and texts of the draft guidelines adopted by the Drafting Committee
- Statement of the Chairman of the Drafting Committee (3 June 2008, 7 July 2008 and 30 July 2008)

- U.N. Doc. A/CN.4/L.723 (F, S, R, C, A) and Corr. 1 (F, S, R, C, A), Corr. 2 (F only) and Corr. 3 (F, S, R, C, A)
- U.N. Doc. A/CN.4//L.739 (F, S, R, C, A) and Corr. 1 (F, S, R, C, A)
- U.N. Doc. A/CN.4//L.740 (F, S, R, C, A)
    13. 61st session of the International Law Commission (2009)
 

- Text and title of the draft guidelines provisionally adopted by the Drafting Committee on 5, 6, 18, 19, 27, 28 and 29 May 2009
- Statement of the Chairman of the Drafting Committee (5 June 2009, and 22 July 2009)

- U.N. Doc. A/CN.4/L.744 (F, S, R, C, A) and Corr.1 (F, S, R, C, A), Corr. 2 (E only) and Add.1 (F, S, R, C, A)
    14. 62nd session of the International Law Commission (2010)
 

- Text and titles of the draft guidelines provisionally adopted
by the Drafting Committee on 23, 28 and 30 July 2009, as well as text and titles of the draft guidelines provisionally adopted by the Drafting Committee on 11, 12, 17, 18, 19, 20, 21, 25 and 27 May 2010, and texts and titles of the draft guidelines provisionally adopted by the Drafting Committee on 1 and 2 June 2010.
- Statement of the Chairman of the Drafting Committee (26 May 2010, 4 June 2010, 8 July 2010 and 27 July 2010)

- U.N. Doc. A/CN.4/L.760 (F, S, R, C, A) and Add.1 (F, S, R, C, A) and Add.2 (F, S, R, C, A) and Add.3 (F, S, R, C, A)
F. Comments by Governments
    1. 63rd session of the International Law Commission (2011) 
      - Comments and observations received from Governments
- U.N. Doc. A/CN.4/639 (F, S, R, C, A) Add.1 (F, S, R, C, A)
G. Other
    1. 48th session of the International Law Commission (1996) 
      - Bibliography concerning reservations to treaties and questionnaires
- U.N. Doc. A/CN.4/478 (F, S, R, C, A) (annex to U.N. Doc. A/CN.4/477); See too document A/CN.4/478/Rev.1 (F, S, R, C, A)
    2. 51st session of the International Law Commission (1999)
 
      - Bibliography concerning reservations to treaties (revised)
- U.N. Doc. A/CN.4/478/Rev.1 (F, S, R, C, A)
    3. 54th session of the International Law Commission (2002)

- Note by the Special Rapporteur on the first paragraph of draft guideline 2.1.7 adopted by the Drafting Committee

- U.N. Doc. A/CN.4/L.623 (F, S, R, C, A)
   
    4. 58th session of the International Law Commission (2006)

- Note by the Special Rapporteur on draft guideline 3.1.5, ““Definition of the object and purpose of the treaty”” (tenth report, document A/CN.4/558)

- U.N. Doc. A/CN.4/572 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
    5. 59th session of the International Law Commission (2006)

- Note by the Special Rapporteur on draft guideline 2.1.9, “Statement of reasons for reservations”

- U.N. Doc. A/CN.4/586 (F, S, R, C, A)

- Summary of discussions, held in 2007, with United Nations and other experts in the field of human rights, including representatives from various human rights treaty bodies, prepared by the Special Rapporteur, Mr. Alain Pellet

- U.N. Doc. ILC(LIX)/RT/CRP.1 (E and F only)
   
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its forty-fifth session, 3 May to 23 July 1993 
      - The Commission decided to include the topic in its agenda, on the understanding that the final form to be given to the work on this topic was to be decided after a preliminary study was presented to the General Assembly. 
      - Discussion in Plenary: 2317th (F) mtg (7 July 1993)
- ILC Report, A/48/10, (F), 1993, chp. VI(A), paras. 420, 425-440 
- Ybk, 1993, vII(2)
(F) 

- Ybk, 1993, vI (F)

    2. Report of the International Law Commission on the work of its forty-sixth session, 2 May to 22 July 1994 
      - The Commission appointed Mr. Alain Pellet Special Rapporteur for the topic. 
      -Discussion in Plenary: 2376th (F) mtg (22 July 1994)
- ILC Report, A/49/10, (F), 1994, chp. VI(A), para.382 
- Ybk, 1994, vII(2)
(F)
- Ybk, 1994, vI (F)
- See topical summary of debate in the Sixth Committee (A/CN.4/464 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))
    3. Report of the International Law Commission on the work of its forty-seventh session, 2 May to 21 July 1995 
      - The Commission endorsed the conclusions drawn from the debate by the Special Rapporteur as to the orientation of the future work on the topic and agreed that these conclusions constitute the result of the preliminary study requested by General Assembly resolutions 48/31 and 49/51. It authorized the Special Rapporteur to prepare a detailed questionnaire, as regards reservations to treaties, to ascertain the practice of, and problems encountered by, States and international organizations, particularly those which are depositaries of multilateral conventions.  
      - Discussion in Plenary: 2400th (F), 2401st (F), 2402nd (F), 2403rd (F) and 2404th (F) mtgs (14 to 22 June 1995) , 2406th (F) and 2407th (F) mtgs (28 and 29 June 1995), 2412th (F) and 2416th (F) mtgs (6 and 13 July 1995)

- ILC Report, A/50/10, (F), 1995, chp. VI, paras. 412-493 
- Ybk, 1995, vII(2)
(F)
- See topical summary of debate in the Sixth Committee (A/CN.4/472 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))


-Ybk, 1995, vI (F)

    4. Report of the International Law Commission on the work of its forty-eighth session, 6 May to 26 July 1996  
      - The Special Rapporteur introduced his second report. Owing to the lack of time, the Commission was unable to consider the report and the draft resolution proposed by the Special Rapporteur. It decided to defer the debate on the topic until the next year.  
      - Discussion in Plenary: 2460th (F) mtg (16 July 1996)

- ILC Report, A/51/10 (F), 1996, chp. VI, paras. 102-140
- Ybk, 1996, vII(2)
(F)
- See topical summary of debate in the Sixth Committee (A/CN.4/479 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Corr.1 (F only))

-Ybk, 1996, vI
(F)

    5. Report of the International Law Commission on the work of its forty-ninth session, 12 May to 18 July 1997 
      - The Special Rapporteur re-introduced his second report. The Commission, after considering the report, adopted preliminary conclusions on reservations to normative multilateral treaties, including human rights treaties.  
      - Discussion in Plenary: 2487th (F) mtg (3 June 1997), 2499th (F) mtg (25 June 1997), 2500th (F), 2501st (F), 2502nd (F) and 2503rd (F) mtgs (26 June to 2 July 1997), and 2509th, (F) 2510th (F) and 2511th (F) mtgs (10, 11 and 14 July 1997)

- ILC Report, A/52/10 (F), 1997, chp. V, paras. 50-157
- Ybk, 1997, vII(2)
(F)
- See topical summary of debate in the Sixth Committee (A/CN.4/483 (E, F, S, R, C, A))

-Ybk, 1997, vI
(F)

    6. Report of the International Law Commission on the work of its fiftieth session, 20 April to 12 June 1998 and 27 July to 14 August 1998 
      - The Commission decided to refer draft guidelines 1.1 (Definition of reservations), 1.1.1 (Joint formulation of a reservation), 1.1.2 (Moment when a reservation is formulated), 1.1.3 (Reservations formulated when notifying territorial application), 1.1.4 (Object of reservations), 1.1.5 (Statements designed to increase the obligations of their author), 1.1.6 (Statements designed to limit the obligations of their author), 1.1.7 (Reservations relating to non-recognition), 1.1.8 (Reservations having territorial scope), 1.2 (Definition of interpretative declarations) and 1.4 (Scope of definitions) to the Drafting Committee.  The Commission subsequently considered and adopted the report of the Drafting Committee on draft guidelines 1.1 (Definition of reservations), 1.1.1 [1.1.4] (Object of reservations), 1.1.2 (Cases in which a reservation may be formulated), 1.1.3 [1.1.8] (Reservations having territorial scope), 1.1.4 [1.1.3] (Reservations formulated when notifying territorial application), 1.1.7 [1.1.1] (Joint formulation of a reservation) and a draft guideline with no title or number concerning the relation between the definition and the permissibility of reservations.
      - Discussion in Plenary: 2541st (F) and 2542nd (F) mtgs (4 and 5 June 1998), 2545th (F) mtg (10 June 1998), 2548th (F), 2549th (F), 2550th (F), 2551st (F) and 2552nd (F) mtgs (12 June, and 27, 28, 29 and 30 July 1998) and 2556th (F), 2557th (F) and 2558th (F) mtgs (5 to 7 August 1998).

- ILC Report, A/53/10 (F), 1998, chp. IX, paras. 469-540
- Ybk, 1998, vII(2)
(F)
- See topical summary of debate in the Sixth Committee (A/CN.4/496 (E, F, S, R, C, A))





 





-Ybk, 1998, vI
(F)

    7. Report of the International Law Commission on the work of its fifty-first session, 3 May to 23 July 1999 
      - The Commission considered the remaining part of the Special Rapporteur's third report and part of his fourth report and referred to the Drafting Committee draft guidelines 1.1.9 ("Reservations" to bilateral treaties), 1.2.1 (Joint formulation of interpretative declarations), 1.2.2 (Phrasing and name), 1.2.3 (Formulation of an interpretative declaration when a reservation is prohibited), 1.2.4 (Conditional interpretative declarations), 1.2.5 (General statements of policy), 1.2.6 (Informative declarations), 1.2.7 (Interpretative declarations in respect of bilateral treaties), 1.2.8 (Legal effect of acceptance of an interpretative declaration made in respect of a bilateral treaty by the other party), 1.3.1 (Method of distinguishing between reservations and interpretative declarations). Moreover, the Special Rapporteur introduced a revised version of draft guideline 1.1.7 (1.1.7 bis) ("Statements of non-recognition") which was already before the Drafting Committee. This revised version of this draft guideline was included in his fourth report. The Commission considered the report of the Drafting Committee at its 2597th to 2599th meetings from 6 to 8 July 1999 and adopted on first reading 18 draft guidelines. Moreover in light of the consideration of interpretative declarations it adopted a new version of draft guideline 1.1.1 [1.1.4] and of the draft guideline without a title or number (in the new version draft guideline 1.6 (Scope of definitions)).
      - Discussion in Plenary: 2581st (F), 2582nd (F), 2583rd (F), 2584th (F), 2585th (F) and 2586th (F) mtgs (3 to 11 June 1999), and 2597th (F), 2598th (F) and 2599th (F) mtgs (6 to 8 July 1999).

- ILC Report, A/54/10 (F), 1999, chp. VI , paras. 454-470
- Ybk, 1999, vII(2)
(F)
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/504 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))


 






-Ybk, 1999, vI
(F)

    8. Report of the International Law Commission on the work of its fifty-second session, 1 May - 9 June and 10 July - 18 August 2000 

      - The Commission had before it the Special Rapporteur's fifth report relating to reservations and interpretative declaration and to the fomulation, modification and withdrawal of reservations and interpretative declarations. It considered the first part of the report. The Commission subsequently considered the report of the Drafting Committee and adopted on first reading five draft guidelines.
      - Due to a lack of time, the Commission deferred consideration of the second part of the fifth report dealing with procedural matters regarding reservations and interpretative declarations, beginning with their formulation.
      - Discussion in Plenary: 2630th (F), 2631st (F), 2632nd (F) and 2633rd (F), 2640th (F) and 2651st (F) mtgs (31 May, 2, 6 and 7 June, 14 July, 3 August 2000).

- ILC report, A/55/10, 2000, chp.VII, paras. 623-663
- Ybk, 2000, vII(2)
(F)
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/513 (E, F, S, R, C, A))


-Ybk, 2000, vI
(F)

    9. Report of the International Law Commission on the work of its fifty-third session, 23 April - 1 June and 2 July - 10 August 2001 

      - The Commission first considered the second part of the fifth report of the Special Rapporteur relating to questions of procedure regarding reservations and interpretative declarations. It then considered the sixth report on the topic relating to modalities of formulating reservations and interpretative declarations (in particular their form and notification) and to publicity of reservations and interpretative declarations (their communication, recipients and obligations of the depositary) .
      - The Commission subsequently considered the report of the Drafting Committee and adopted on first reading 12 draft guidelines dealing with the formulation of reservations and interpretative declarations. The Commission also referred 13 draft guidelines dealing with form and notification of reservations and interpretative declarations to the Drafting Committee.
      - Discussion in Plenary: 2677th (F), 2678th (F), 2679th (F) mtgs, 2689th (F), 2690th (F), 2691st (F), 2692nd (F), 2693rd (F), 2694th (F) mtgs (18, 22 and 23 May, 13, 17, 18, 19, 20 and 24 July 2001).

- ILC Report, A/56/10, 2001, chp.VI, paras. 99-157
- Ybk, 2001, vII(2)
(F)
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/521 (E, F, S, R, C, A) and Corr.1 (F only))

 


-Ybk, 2001, vI
(F)

    10. Report of the International Law Commission on the work of its fifty-fourth session, 29 April - 7 June and 22 July - 16 August 2002 

      - The Commission considered the Seventh Report of the Special Rapporteur regarding the formulation, modification and withdrawal of reservations and interpretative declarations. It subsequently considered the report of the Drafting Committee and adopted, on first reading, 11 draft guidelines. The Commission also decided to refer another 15 draft guidelines to the Drafting Committee.
      - Discussion in Plenary: 2719th (F), 2720th (F), 2721st (F) mtgs (14, 15 and 17 May 2002), 2733rd (F) and 2734th (F) mtgs (22 and 23 July 2002), 2739th (F) mtg (31 July 2002), and 2748th (F) mtg (14 August 2002).

- ILC Report, A/57/10, 2002, chp. IV, paras. 32 - 103
- Ybk, 2002, vII(2)
(F)
- See the website of the Sixth Committee of the General Assembly
and the topical summary of debate in the Sixth Committee (A/CN.4/529 (E, F, S, R, C, A))


-Ybk, 2002, vI (F)

    11. Report of the International Law Commission on the work of its fifty-fifth session, 5 May - 6 June and 7 July - 8 August 2003

      - The Commission considered the report of the Drafting Committee and provisionally adopted, on first reading, eleven draft guidelines, with commentaries. The Commission further considered the Special Rapporteur's Eighth Report and decided to refer a further five draft guidelines to the Drafting Committee.
      - Discussion in Plenary: 2760th (F) mtg (21 May 2003), 2780th (F), 2781st (F), 2782nd (F), 2783rd (F) mtgs (25 to 31 July 2003), and 2786th (F) mtg (5 August 2003).

- ILC Report, A/58/10, 2003, chp. VIII, paras. 309 - 368
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/537 (E, F, S, R, C, A))
- Ybk, 2003, vI (F)

    12. Report of the International Law Commission on the work of its fifty-sixth session, 3 May - 4 June and 5 July - 6 August 2004

      - The Commission considered the ninth report of the Special Rapporteur and decided to refer draft guidelines 2.6.1 “Definition of objections to reservations” and 2.6.2 “Objection to the late formulation of widening of the scope of a reservation” to the Drafting Committee. The Commission further considered and provisionally adopted draft guidelines 2.3.5 (“Widening of the scope of a reservation”), 2.4.9 (“Modification of an interpretative declaration”), 2.4.10 (“Limitation and widening of the scope of a conditional interpretative declaration”), 2.5.12 (“Withdrawal of an interpretative declaration”), and 2.5.13 (“Withdrawal of a conditional interpretative declaration”), with commentaries.
      - Discussion in Plenary: 2820th (F), 2821st (F) and 2822nd (F) mtgs (21 to 23 July 2004), and 2829th mtg (F) (5 August 2004).

- ILC Report, A/59/10, 2004, chp. IX, paras. 248 - 295
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/549 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))

- Ybk, 2004, vI

    13. Report of the International Law Commission on the work of its fifty-seventh session, 2 May - 3 June and 11 July - 5 August 2005

      - The Commission considered the tenth report of the Special Rapporteur and decided to refer draft guidelines 3.1 (Freedom to formulate reservations), 3.1.1 (Reservations expressly prohibited by the treaty), 3.1.2 (Definition of specified reservations), 3.1.3 (Reservations implicitly permitted by the treaty) and 3.1.4 (Non-specified reservations authorized by the treaty) to the Drafting Committee. The Commission also decided to send draft guidelines 1.6 and 2.1.8, which had already been provisionally adopted, to the Drafting Committee with a view to their revision in the light of the terms selected. The Commission also decided to continue its consideration of the tenth report during its fifty-eighth session (2006). The Commission also considered and provisionally adopted draft guidelines 2.6.1 (Definition of objections to treaties) and 2.6.2 (Definition of objections to the late formulation or widening of the scope of a reservation), with commentaries.
      - Discussion in Plenary: 2842nd (F) (20 May 2005), 2854th (F), 2856th (F), 2857th (F), 2858th (F) and 2859th (F) mtgs (20 to 28 July 2005), and 2865th (F) mtg (4 August 2005).

- ILC Report, A/60/10, 2005, chp. X, paras. 333 - 438
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A)
    14. Report of the International Law Commission on the work of its fifty-eighth session, 1 May - 9 June and 3 July - 11 August 2006

      - The Commission had before it the second part of the tenth report of the Special Rapporteur on validity of reservations and the concept of the object and purpose of the treaty. In this regard the Special Rapporteur, after the debate that took place during the fifty-seventh session (2005), had also prepared a note relating to draft guideline 3.1.5 (Definition of the object and purpose of the treaty) and presenting a new version of this guideline including two alternative texts. The Special Rapporteur also submitted his Eleventh report (A/CN.4/574) and the Commission decided to consider it at its fifty-ninth session (2007). The Commission decided to refer draft guidelines 3.1.5 to 3.1.13, 3.2, 3.2.1 to 3.2.4, 3.3 and 3.3.1 to the Drafting Committee. The Commission considered and provisionally adopted draft guidelines 3.1 (Permissible reservations), 3.1.1 (Reservations expressly prohibited by the treaty), 3.1.2 (Definition of specified reservations), 3.1.3 (Permissibility of reservations not prohibited by the treaty) and 3.1.4 (Permissibility of specified reservations). Moreover the Commission provisionally adopted draft guidelines 1.6 (Scope of definitions) and 2.1.8 [2.1.7 bis] (Procedure in case of manifestly invalid reservations) as redrafted, with commentaries thereto.
      - Discussion in Plenary: 2883rd (F) mtg, held 6 June 2006, 2888th (F), 2889th (F), 2890th (F), 2891st (F) mtgs, held on 5, 6, 7 and 11 July 2006, and 2911th (F) and 2912th (F) mtgs, held on 9 and 10 August 2006.

- ILC Report, A/61/10, 2006, chp. VIII, paras. 92 - 159
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))
    15. Report of the International Law Commission on the work of its fifty-ninth session, 7 May - 8 June and 9 July - 10 August 2007

      - The Commission had before it the the eleventh and twelfth reports of the
      Special Rapporteur (A/CN.4/574 and A/CN.4/584) on the formulation and withdrawal of
      acceptances and objections and on the procedure for acceptances of reservations respectively. The eleventh report had been submitted at the fifty-eighth session, but the Commission had decided to consider it at the fifty-ninth session, owing to a lack of time.
      - T
      he Commission decided to refer draft guidelines 2.6.3 to 2.6.6, 2.6.7 to 2.6.15 and 2.7.1 to 2.7.9 to the Drafting Committee, and to review the wording of draft guideline 2.1.6 in the light of the discussion. The Commission subsequently also decided to refer draft guidelines 2.8, 2.8.1 to 2.8.12 to the Drafting Committee. The Drafting Committee was instructed to take into account the interpretation of draft guideline 2.8.12 resulting from an indicative vote and an analysis of the provisions of article 20, paragraph 5, of the Vienna Convention on the Law of Treaties as creating a presumption of tacit acceptance without such acceptance being considered acquired.
      - The Comm
      47. The Commission considered and provisionally adopted draft guidelines 3.1.5 (Incompatibility of a reservation with the object and purpose of the treaty), 3.1.6 (Determination of the object and purpose of the treaty), 3.1.7 (Vague or general reservations), 3.1.8 (Reservations to a provision reflecting a customary norm), 3.1.9 (Reservations contrary to a rule of jus cogens), 3.1.10 (Reservations to provisions relating to non-derogable rights), 3.1.11 (Reservations relating to internal law), 3.1.12 (Reservations to general human rights treaties) and 3.1.13 (Reservations to treaty provisions concerning dispute settlement or the monitoring of the implementation of the treaty). The Commission subsequently adopted the commentaries relating to the aforementioned draft guidelines.
      - Discussion in Plenary: 2914th (F), 2915th (F), 2916th (F), 2917th (F), 2918th (F), 2919th (F) and 2920th (F) mtgs, on 7 to 11, 15 and 16 May 2007, 2930th (F) mtg , on 4 June 2007, 2936th (F), 2937th (F), 2938th (F), 2939th (F) and 2940th (F) mtgs, on 13, 17 to 20 July 2007, as well as the 2950th (F) and 2951st (F) mtgs, held on 7 August 2007

- ILC Report, A/62/10, 2007, chp. IV, paras. 34 - 154
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    16. Report of the International Law Commission on the work of its sixtieth session, 5 May - 6 June and 7 July - 8 August 2008

      - The Commission had before it the thirteenth report of the Special Rapporteur (A/CN.4/600) on reactions to interpretative declarations. The Commission also had before it a note by the Special Rapporteur on draft guideline 2.1.9, “Statement of
      reasons for reservations” (A/CN.4/586), which had been submitted at the end of the
      fifty-ninth session.
      - The Commission began by considering the note of the Special Rapporteur at
      its 2967th (F) meeting on 27 May 2008. It decided at that same meeting to refer the new draft guideline 2.1.9 to the Drafting Committee.
      - At its 2978th (F) meeting, on 15 July 2008, the Commission decided to refer draft
      guidelines 2.9.1 (including the second paragraph of draft guideline 2.9.3) to 2.9.10 to the Drafting Committee, while emphasizing that draft guideline 2.9.10 was without prejudice to the subsequent retention or otherwise of the draft guidelines on conditional interpretative declarations. The Commission also hoped that the Special Rapporteur would prepare draft guidelines on the form, statement of reasons for and communication of interpretative declarations.
      - At its 2970th (F) meeting on 3 June 2008, the Commission considered and provisionally adopted draft guidelines 2.1.6 (Procedure for communication of reservations) (as amended,187) 2.1.9 (Statement of reasons [for reservations]), 2.6.6 (Joint formulation [of objections to reservations]), 2.6.7 (Written form), 2.6.8 (Expression of intention to preclude the entry into force of the treaty), 2.6.9 (Procedure for the formulation of objections), 2.6.10 (Statement of reasons), 2.6.13 (Time period for formulating an objection), 2.6.14 (Conditional objections), 2.6.15 (Late objections), 2.7.1 (Withdrawal of objections to reservations), 2.7.2 (Form of withdrawal), 2.7.3 (Formulation and communication of the withdrawal of objections to reservations), 2.7.4 (Effect on reservation of withdrawal of an objection), 2.7.5 (Effective date of withdrawal of an objection), 2.7.6 (Cases in which an objecting State or international organization may unilaterally set the effective date of withdrawal of an objection to a reservation), 2.7.7 (Partial withdrawal of an objection), 2.7.8 (Effect of a partial withdrawal of an objection) and 2.7.9 (Widening of the scope of an objection to a reservation).
      - Discussion in Plenary: 2967th (F) mtg on 27 May 2008, 2970th (F) mtg on 3 June 2008, 2974th (F), 2975th (F), 2976th (F), 2977th (F), and 2978th (F) mtgs, from 7 to 15 July 2008, and 2988th (F) mtg, on 31 July 2008, and 2991st (F), 2992nd (F) and 2993rd (F) mtgs, on 5 and 6 August 2008.

- ILC Report, A/63/10, 2008, chp. VI, paras. 67-124
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    17. Report of the International Law Commission on the work of its sixty-first session, 4 May to 5 June and 6 July to 7 August 2009   

      - The Commission had before it the fourteenth report of the Special Rapporteur (A/CN.4/614 and Add.1), and a memorandum by the Secretariat on reservations to treaties in the context of succession of States (A/CN.4/616), submitted in response t a request made by the Commission at its 3012th (F) meeting on 29 May 2009.
      - At its 3007th (F) meeting on 19 May 2009, the Commission considered and provisionally adopted the following draft guidelines, of which it had taken note at its sixtieth session: 2.8.1 (Tacit acceptance of reservations), 2.8.2 (Unanimous acceptance of reservations), 2.8.3 (Express acceptance of a reservation), 2.8.4 (Written form of express acceptance), 2.8.5 (Procedure for formulating express acceptance), 2.8.6 (Non-requirement of confirmation of an acceptance made prior to formal confirmation of a reservation), 2.8.7 (Acceptance of a reservation to the constituent instrument of an international organization), 2.8.8 (Organ competent to accept a reservation to a constituent instrument), 2.8.9 (Modalities of the acceptance of a reservation to a constituent instrument), 2.8.10 (Acceptance of a reservation to a constituent instrument that has not yet entered into force), 2.8.11 (Reaction by a member of an international organization to a reservation to its constituent instrument) and 2.8.12 (Final nature of acceptance of a reservation).
      - At its 3012th (F) meeting on 29 May 2009, the Commission decided to refer draft guidelines 2.4.0 and 2.4.3 bis to the Drafting Committee. At that same meeting, the Commission, following an indicative vote at the request of the Special Rapporteur, decided not to include in the Guide to Practice a draft guideline on the statement of reasons for interpretative declarations.
      - At its 3014th (F) meeting on 5 June 2009, the Commission considered and provisionally adopted draft guidelines 2.4.0 (Form of interpretative declarations), 2.4.3 bis (Communication of interpretative declarations), 2.9.1 (Approval of an interpretative declaration), 2.9.2 (Opposition to an interpretative declaration), 2.9.3 (Recharacterization of an interpretative declaration), 2.9.4 (Freedom to formulate approval, opposition or recharacterization), 2.9.5 (Form of approval, opposition and recharacterization), 2.9.6 (Statement of reasons for approval, opposition and recharacterization), 2.9.7 (Formulation and communication of approval, opposition or recharacterization), 2.9.8 (Non-presumption of approval or opposition), 2.9.9 (Silence with respect to an interpretative declaration), 2.9.10 (Reactions to conditional interpretative declarations), 3.2 (Assessment of the permissibility of reservations), 3.2.1 (Competence of the treaty monitoring bodies to assess the permissibility of reservations), 3.2.2 (Specification of the competence of treaty monitoring bodies to assess the permissibility of reservations), 3.2.3 (Cooperation of States and international organizations with treaty monitoring bodies), 3.2.4 (Bodies competent to assess the permissibility of reservations in the event of the establishment of a treaty monitoring body) and 3.2.5 (Competence of dispute settlement bodies to assess the permissibility of reservations). At the same meeting the Commission also provisionally adopted the titles of sections 2.8 (Formulation of acceptances of reservations) and 2.9 (Formulation of reactions to interpretative declarations).
      - At its 3025th (F) meeting on 22 July 2009, the Commission decided to refer draft guidelines 3.4.1, 3.4.2, 3.5, 3.5.1, 3.5.2, 3.5.3 and 3.6 to the Drafting Committee in the revised version (except for draft guidelines 3.5.2 and 3.5.3) submitted by the Special Rapporteur following the debate in the plenary Commission. At the same meeting, the Commission, following an indicative vote, decided not to include in draft guideline 3.4.2 a provision concerning jus cogens in relation to the permissibility of objections to reservations.
      - At its 3030th (F), 3031st (F), 3032nd (F) and 3034th (F) meetings on 3 to 6 August 2009 the Commission adopted the commentaries to the above-mentioned draft guidelines.
      - Discussion in Plenary: 3010th (F), 3011th (F), 3012th (F) mtgs on 26, 27 and 29 May 2009, 3014th (F) meeting on 5 June 2009, and 3020th (F), 3021st (F), 3022nd (F), 3023rd (F), 3024th (F), 3025th (F) mtgs from 14 to 17 July and on 21 and 22 July 2009, and 3030th (F), 3031st (F), 3032nd (F) and 3034th (F) mtgs on 3 to 6 August 2009.

- ILC Report, A/64/10, 2009, chp. V, paras. 52-84
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    18. Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010   

      - The Commission had before it a second addendum to the fourteenth report of the Special Rapporteur (A/CN.4/614/Add.2), which it considered at its 3036th to its 3038th meetings on 3 to 5 May 2010, and at its 3042nd, 3043rd and 3045th meetings on 11, 12 and 17 May 2010; the Special Rapporteur’s fifteenth report (A/CN.4/624 and Add.1 and 2), which it considered at its 3042nd and 3043rd meetings, on 11 and 12 May 2010, at its 3045th to 3047th meetings, from 17 to 19 May 2010, and at its 3064th to 3067th meetings, from 14 to 16 and on 20 July 2010; and, lastly, the Special Rapporteur’s sixteenth report (A/CN.4/626 and Add. 1), which it considered at its 3046th to 3050th meetings, from 18 to 25 May 2010, and its 3052nd and 3054th meetings, on 27 May and 1 June 2010. The Commission also had before it a memorandum by the Secretariat on reservations to treaties in the context of succession of States (A/CN.4/616), which had been submitted in 2009.
      - At its 3042nd (F) meeting, on 11 May 2010, the Commission decided to refer draft
      guidelines 4.1, 4.1.1, 4.1.2 and 4.1.3 to the Drafting Committee.
      - At its 3045th (F) meeting, on 17 May 2010, the Commission decided to refer draft guidelines 4.2, 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6 and 4.2.7 to the Drafting Committee.
      - At its 3047th (F) meeting, on 19 May 2010, the Commission decided to refer draft guidelines 4.3, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8 (in the revised version submitted by the Special Rapporteur),20 4.3.9, 4.4, 4.4.1, 4.4.2 and 4.4.3 to the Drafting Committee.
      - At its 3051st (F) meeting, on 26 May 2010, the Commission considered and provisionally adopted the following draft guidelines: 2.6.3 (Freedom to formulate objections), 2.6.4 (Freedom to oppose the entry into force of the treaty vis-à-vis the author of the reservation), 3.4.1 (Permissibility of the acceptance of a reservation), 3.4.2 (Permissibility of an objection to a reservation), 3.5 (Permissibility of an interpretative declaration), 3.5.1 (Permissibility of an interpretative declaration which is in fact a reservation), 3.5.2 (Conditions for the permissibility of a conditional interpretative declaration), 3.5.3 (Competence to assess the permissibility of a conditional interpretative declaration), 3.6 (Permissibility of reactions to interpretative declarations), 3.6.1 (Permissibility of approvals of interpretative declarations) and 3.6.2 (Permissibility of oppositions to interpretative declarations). At the same meeting, the Commission also adopted the title of section 3.4 of the Guide to Practice (Permissibility of reactions to reservations).
      - At its 3054th (F) meeting, on 1 June 2010, the Commission decided to refer draft guidelines 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16, 5.16 bis, 5.17, 5.18 and 5.19 to the Drafting Committee.
      - At its 3058th (F) meeting, on 5 July 2010, the Commission considered and provisionally adopted the following draft guidelines: 4.1 (Establishment of a reservation with regard to another State or organization), 4.1.1 (Establishment of a reservation expressly authorized by a treaty), 4.1.2 (Establishment of a reservation to a treaty which has to be applied in its entirety), 4.1.3 (Establishment of a reservation to a constituent instrument of an international organization), 4.2.1 (Status of the author of an established reservation), 4.2.2 (Effect of the establishment of a reservation on the entry into force of a treaty), 4.2.3 (Effect of the establishment of a reservation on the status of the author as a party to the treaty), 4.2.4 (Effect of an established reservation on treaty relations), 4.2.5 (Non-reciprocal application of obligations to which a reservation relates), 4.3 (Effect of an objection to a valid reservation), 4.3.1 (Effect of an objection on the entry into force of the treaty as between the author of the objection and the author of a reservation), 4.3.2 (Entry into force of the treaty between the author of a reservation and the author of an objection), 4.3.3 (Nonentry into force of the treaty for the author of a reservation when unanimous acceptance is required), 4.3.4 (Non-entry into force of the treaty as between the author of a reservation and the author of an objection with maximum effect), 4.3.5 (Effect of an objection on treaty relations), 4.3.6 (Effect of an objection on provisions other than those to which the reservation relates), 4.3.7 (Right of the author of a valid reservation not to be compelled to comply with the treaty without the benefit of its reservation), 4.4.1 (Absence of effect on rights and obligations under another treaty), 4.4.2 (Absence of effect on rights and obligations under customary international law) and 4.4.3 (Absence of effect on a peremptory norm of general international law (jus cogens)). At the same meeting, the Commission also adopted the title of section 4 (Legal effects of reservations and interpretative declarations), section 4.2 (Effects of an established reservation) and section 4.4 (Effect of a reservation on rights and obligations outside of the treaty) of the Guide to Practice.
      - At its 3061st (F) meeting, on 8 July 2010, the Commission considered and provisionally adopted the following draft guidelines: 5.1.1 [5.1],21 (Newly independent States), 5.1.2 [5.2] (Uniting or separation of States), 5.1.3 [5.3] (Irrelevance of certain reservations in cases involving a uniting of States), 5.1.4 (Establishment of new reservations formulated by a successor State), 5.1.5 [5.4] (Maintenance of the territorial scope of reservations formulated by the predecessor State), 5.1.6 [5.5] (Territorial scope of reservations in cases involving a uniting of States), 5.1.7 [5.6] (Territorial scope of reservations of the successor State in cases of succession involving part of a territory), 5.1.8 [5.7] (Timing of the effects of nonmaintenance by a successor State of a reservation formulated by the predecessor State), 5.1.9 [5.9] (Late reservations formulated by a successor State), 5.2.1 [5.10] (Maintenance by the successor State of objections formulated by the predecessor State), 5.2.2 [5.11] (Irrelevance of certain objections in cases involving a uniting of States), 5.2.3 [5.12] (Maintenance of objections to reservations of the predecessor State), 5.2.4 [5.13] (Reservations of the predecessor State to which no objections have been made), 5.2.5 [5.14] (Capacity of a successor State to formulate objections to reservations), 5.2.6 [5.15] (Objections by a successor State other than a newly independent State in respect of which a treaty continues in force), 5.3.1 [5.16 bis] (Maintenance by a newly independent State of express acceptances formulated by the predecessor State), 5.3.2 [5.17] (Maintenance by a successor State other than a newly independent State of express acceptances formulated by the predecessor State), 5.3.3 [5.18] (Timing of the effects of non-maintenance by a successor State of an express acceptance formulated by the predecessor State), and 5.4.1 [5.19] (Interpretative declarations formulated by the predecessor State). At the same meeting the Commission also adopted the titles of sections 5 (Reservations, acceptances of and objections to reservations, and interpretative declarations in the case of succession of States), 5.1 (Reservations and succession of States), 5.2 (Objections to reservations and succession of States), 5.3 (Acceptances of reservations and succession of States) and 5.4 (Interpretative declarations and succession of States) of the Guide to Practice.
      - At its 3067th (F) meeting, on 20 July 2010, the Commission referred draft guidelines 3.3.3, 3.3.4, 4.5.1, 4.5.2, 4.5.3, 4.5.4, 4.6, 4.7, 4.7.1, 4.7.2 and 4.7.3 to the Drafting Committee.
      - At its 3069th (F) meeting, on 27 July 2010, the Commission considered and provisionally adopted the following guidelines: 3.3.2 [3.3.3] (Effect of individual acceptance of an impermissible reservation), 3.3.3 [3.3.4] (Effect of collective acceptance of an impermissible reservation), 4.5.1 [3.3.2, later 4.5.1 and 4.5.2] (Nullity of an invalid reservation), 4.5.2 [4.5.3] (Status of the author of an invalid reservation in relation to the treaty), 4.5.3 [4.5.4] (Reactions to an invalid reservation), 4.6 (Absence of effect of a reservation on the relations between the other parties to the treaty), 4.7.1 [4.7 and 4.7.1] (Clarification of the terms of the treaty by an interpretative declaration), 4.7.2 (Effect of the modification or the withdrawal of an interpretative declaration in respect of its author) and 4.7.3 (Effect of an interpretative declaration approved by all the contracting States and contracting organizations). At the same meeting the Commission also adopted the titles of sections 4.5 (Consequences of an invalid reservation) and 4.7 (Effect of an interpretative declaration) of the Guide to Practice.
      - At its 3073rd (F), 3074th (F) and 3076th (F), 3077th (F) and 3078th (F) meetings, from 3 to 5 August 2010, the Commission adopted the commentaries to the above-mentioned draft guidelines.
      - Having provisionally adopted the entire set of draft guidelines of the Guide to Practice on Reservations to Treaties, the Commission indicated, in paragraph 45 of its report (A/65/10), that it intended to adopt the final version of the Guide to Practice during its sixty-third session (2011). In doing so, the Commission would take into consideration the observations of States and international organizations as well as the organs with which the Commission cooperates, made since the beginning of the examination of the topic, together with further observations received by the Secretariat of the Commission before 31 January 2011. See: Consolidated version of the Guide to Practice on Reservations to Treaties, as provisionally adopted by the Commission (E, F)
      - Discussion in Plenary: 3036th (F), 3037th (F), 3038th (F) mtgs (3 to 5 May 2010), 3042nd (F), 3043rd (F), 3045th (F), 3046th (F), 3047th (F), 3048th (F), 3049th (F), 3050th (F), 3051st (F), 3052nd (F), 3054th (F), 3057th (F) and 3058th (F) mtgs (11, 12 and 17 to 27 May, 1 June and 1 and 5 July 2010), 3061st (F), 3064th (F), 3065th (F), 3066th (F), 3067th (F), 3069th (F) mtgs (8, 14 to 16, 20 and 27 July 2010), 3073rd (F), 3074th (F), 3076th (F), 3077th (F), and 3078th (F) mtgs (3 to 5 August 2010).

- ILC Report, A/65/10, 2010, chp. IV, paras. 29-106
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638 (E, F, S, R, C, A))
    19. Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011

      - The Commission had before it the seventeenth report of the Special Rapporteur (A/CN.4/647 and Add.1), which it considered at its 3099th (F), 3104th (F) and 3106th (F) meetings, on 6, 13 and 15 July 2011, as well as the comments and observations received from Governments on the Guide to Practice as provisionally adopted by the
      Commission at its sixty-second session (A/CN.4/639 and Add.1).
      - At its 3080th (F) meeting, on 26 April 2011, the Commission decided to establish a working group on reservations to treaties, chaired by Mr. Marcelo Vázquez-Bermúdez, to work on finalizing the Guide to Practice as envisaged by the Commission at its sixty-second session (2010). The Working Group reviewed the version of the Guide to Practice provisionally adopted in 2010 on the basis of the changes proposed by the Special Rapporteur in the light of the oral and written observations made by States on the topic since 1995.
      - At its 3090th (F) meeting, on 20 May 2011, the Commission took note of the first report of the Chairman of the Working Group on Reservations to Treaties, in which he presented to the Commission the text of the guidelines constituting the Guide to Practice on Reservations to Treaties (A/CN.4/L.779), as finalized by the Working Group.
      - At its 3099th (F) meeting, on 6 July 2011, the Commission entrusted the Working
      Group on Reservations to Treaties with the task of finalizing the text of a draft recommendation or conclusions of the Commission on the reservations dialogue, contained in the Special Rapporteur’s seventeenth report (A/CN.4/647, para. 68). At its 3106th (F) meeting, on 15 July 2011, the Commission also referred to the Working Group a draft recommendation of the Commission on technical assistance and assistance in the settlement of disputes concerning reservations, as proposed by the Special Rapporteur in the addendum to his seventeenth report (A/CN.4/647/Add.1).
      - At its 3114th (F) meeting, on 28 July 2011, the Commission took note of the second report of the Chairman of the Working Group on Reservations to Treaties and of the recommendations of the Working Group with respect to (1) conclusions and a recommendation on the reservations dialogue, intended to appear in an annex to the Guide to Practice on Reservations to Treaties (A/CN.4/L.793), and (2) a draft recommendation of the Commission to the General Assembly on mechanisms of assistance in relation to reservations (A/CN.4/L.795).
      - At its 3118th and 3120th to 3125th meetings, from 5 to 11 August 2011, the Commission adopted the guidelines and commentaries constituting the Guide to Practice on Reservations to Treaties (F), including an introduction to the Guide to Practice and an annex setting out conclusions and a recommendation of the Commission on the reservations dialogue, together with commentaries (E, F, S, R, C, A).
      - In accordance with its Statute, the Commission submitted to the General Assembly the Guide to Practice on Reservations to Treaties, together with two recommendations concerning the Guide to Practice on Reservations to Treaties and on mechanisms of assistance in relation to reservations to treaties, respectively. At its 3125th (F) meeting, on 11 August 2011, the Commission decided, in accordance with article 23 of its Statute, to recommend to the General Assembly to take note of the Guide to Practice and ensure its widest possible dissemination.
      - Discussion in Plenary: 3090th (F) mtg (20 May 2011), 3099th (F) and 3101st (F) mtgs (6 and 8 July 2011), 3103rd (F) and 3104th (F) mtgs (12 and 13 July 2011), 3106th (F) (15 July 2011), 3109th (F) and 3110th (F) mtgs (21 and 22 July 2011), 3114th (F) (28 July 2011), 3118th (F), 3120th (F), 3121st (F), 3122nd (F), 3123rd (F), 3124th (F), and 3125th (F) mtgs (5 to 11 August 2011).

- ILC Report, A/66/10 and Add.1 (F, S, R, C, A), 2011, chp. IV, paras. 51-76
- See the website of the Sixth Committee of the General Assembly (2011) and the topical summary of debate in the Sixth Committee in 2011 (A/CN.4/650 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A)), as well as the website of the Sixth Committee of the General Assembly (2013)
I. General Assembly Action
    Res. 49/51 of 9 December 1994 (E, F, S, R, C, A)
      - Endorsing the intention of the Commission to undertake work on the topic, on the understanding that the final form to be given to the work on this topic shall be decided after a preliminary study is presented to the General Assembly.
- See topical summary of debate in the Sixth Committee (A/CN.4/464 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))
    Res. 50/45 of 11 December 1995 (E, F, S, R, C, A)
      - Inviting the Commission to continue its work on the topic along the lines indicated in the report. Inviting States and international organizations, particularly those which are depositaries, to answer promptly the questionnaire prepared by the Special Rapporteur on the topic concerning reservations to treaties.
- See topical summary of debate in the Sixth Committee (A/CN.4/472 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    Res. 51/160 of 16 December 1996 (E, F, S, R, C, A)
      - Inviting States and international organizations, particularly those that are depositaries, to answer promptly the questionnaire prepared by the Special Rapporteur on the topic concerning reservations to treaties.
- See topical summary of debate in the Sixth Committee (A/CN.4/479 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Corr.1 (F only))
    Res. 52/156 of 15 December 1997 (E, F, S, R, C, A)
      - Expressing its appreciation to the Commission for the preliminary conclusions on reservations to normative multilateral treaties, including human rights treaties. Drawing attention of Governments to the importance, for the Commission, of having their views on the above-mentioned conclusions. Taking note of the invitation by the Commission to all treaty bodies set up by normative multilateral treaties that may wish to do so to provide, in writing, their comments and observations on the above-mentioned conclusions and taking note of the views expressed by Member States on the matter.
- See topical summary of debate in the Sixth Committee (A/CN.4/483 (E, F, S, R, C, A))
    Res. 60/22 of 23 November 2005 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A)
    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    Res. 63/123 of 11 December 2008 (E, F, S, R, C, A)
      - Drew the attention of Governments to the importance for the International Law Commission of having their views with regard to the topic.
      - Invited Governments to provide information to the International Law Commission regarding practice on the topic.
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
   
J. Final Outcome
    International Law Commission (63rd session, 2011)  
        - The Commission adopted the guidelines and commentaries constituting the Guide to Practice on Reservations to Treaties (E, F), including an introduction to the Guide to Practice and an annex setting out conclusions and a recommendation of the Commission on the reservations dialogue, together with commentaries (E, F, S, R, C, A).
        - The Commission decided, in accordance with article 23 of its Statute (F), to recommend to the General Assembly to take note of the Guide to Practice and ensure its widest possible dissemination.
 
    General Assembly  
      Res.66/98 of 9 December 2011 (E, F, S, R, C, A)
        - Commended the International Law Commission for the completion of its work on, inter alia, the Guide to Practice on Reservations to Treaties (E, F).
        - Decided that the consideration of chapter IV (E, F) of the report of the International Law Commission on the work of its sixty-third session, dealing with the topic “Reservations to treaties”, would be continued at the sixty-seventh session of the General Assembly, during the consideration of the report of the Commission on the work of its sixty-fourth session.

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
      Res.68/111 of 16 December 2013 (E, F, S, R, C, A)
        - Welcomed the successful completion of the work of the International Law Commission on the subject of reservations to treaties and its adoption of the Guide to Practice on Reservations to Treaties, including the guidelines (E, F) and a detailed commentary thereto (E, F, S, R, C, A).
        - Expressed its appreciation to the Commission for its continuing contribution to the codification and progressive development of international law;
        - Took note of the Guide to Practice, presented by the Commission, iincluding the guidelines, the text of which was annexed to the resolution, and encouraged its widest possible dissemination.

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666 (E, F, S, R, C, A)
   

* Originally entitled “The law and practice relating to reservations to treaties”. At its forty-seventh session, in 1995, the Commission decided to amend the title.

 



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