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Problems with Implementation of the Third United Nations Law of the Sea Convention: The Question of Reservations and Declarations

Problems with Implementation of the Third United Nations Law of the Sea Convention: The Question... Problems with the Implementation of the Third United Nations Law of the Sea Convention: The Question of Reservations and Declarations S K N Blay Senior Lecturer in Law RW Piotrowicz Lecturer in Law B M Tsamenyi Senior Lecturer in Law University of Tasmania Introduction Reservations and declarations are essential aspects of treaty law. A declaration is a statement issued by a State when ratifying, signing or acceding to a treaty. As a general rule, a State can make a declaration in so far as the declaration does not purport to alter the legal relationship between the parties as established under the treaty. Where the declaration alters the relationship, it becomes a reservation.1 Thus every reservation is indeed a declaration but not every declaration is a reservation. Given the relationship between reservations and declarations, the distinction between the two is sometimes blurred and often poses problems in the implementation of treaties. This is illustrated by the 1982 United Nations Convention on the Law of the Sea (LOSC). Article 309 prohibits the making of reservations "unless expressly permitted by the articles of [the] Convention". Since none of the articles permit reservations, it follows that no party to the LOSC may lawfully http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Problems with Implementation of the Third United Nations Law of the Sea Convention: The Question of Reservations and Declarations

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-011-01-900000007
Publisher site
See Article on Publisher Site

Abstract

Problems with the Implementation of the Third United Nations Law of the Sea Convention: The Question of Reservations and Declarations S K N Blay Senior Lecturer in Law RW Piotrowicz Lecturer in Law B M Tsamenyi Senior Lecturer in Law University of Tasmania Introduction Reservations and declarations are essential aspects of treaty law. A declaration is a statement issued by a State when ratifying, signing or acceding to a treaty. As a general rule, a State can make a declaration in so far as the declaration does not purport to alter the legal relationship between the parties as established under the treaty. Where the declaration alters the relationship, it becomes a reservation.1 Thus every reservation is indeed a declaration but not every declaration is a reservation. Given the relationship between reservations and declarations, the distinction between the two is sometimes blurred and often poses problems in the implementation of treaties. This is illustrated by the 1982 United Nations Convention on the Law of the Sea (LOSC). Article 309 prohibits the making of reservations "unless expressly permitted by the articles of [the] Convention". Since none of the articles permit reservations, it follows that no party to the LOSC may lawfully

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1991

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