University of Khartoum

Some Aspects of the Law of Treaties with Emphasis on Reservations and Invalidity

Some Aspects of the Law of Treaties with Emphasis on Reservations and Invalidity

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Title: Some Aspects of the Law of Treaties with Emphasis on Reservations and Invalidity
Author: A. Abu gessisa, Nawal
Abstract: The importance of treaties between States has historical roots, as a source of international law, and as means of developing peace and cooperation among the states parties, regardless of differing constitutional and social systems. A treaty forms a shared factor between states based on their free consent. It establishes and codifies the determination and desires of states to fulfill and respect the obligations at the international level. The commercial and cultural exchanges between states and the international movement on promotion and protection of human rights are regulated by treaties. Chapter One investigates the importance of treaties, what is a treaty, the capacity to make a treaty including the “full powers”; how a treaty is concluded, modes by which a state expresses its consent to be bound by treaty, the role of pacta sunt servanda and the procedure by which a treaty enters into force . In Chapter Two I examined the reservations to treaties: how they are formulated, the acceptance of and objection to reservation, the legal effect of reservation, and the withdrawal of reservation. Some examples of the reservations to the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW) and the Convention of the Rights of the Child 1989 (CRC) are given. In Chapter Three I tried to explain the factors which invalidates the consent of the state party not to be bound by a treaty. XI Chapter Four summarizes the conclusion and makes some recommendations regarding the gaps in the Vienna Convention on the Law of Treaties 1969. Among the recommendations is a proposal to include in the 1969 convention a provision making retroactive changes to treaties made under duress or threat or use of force, or dealing with crimes against humanity and war crimes.
URI: http://khartoumspace.uofk.edu/handle/123456789/10278
Date: 2015-05-05


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