A problemática das reservas e respetivas objeções a tratados multilaterais

• Autor(a) principal: Gomes, Mariana Monteiro de Macedo Godinho
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/65278
• topic: direito dos tratados; reservas; objeções; declarações interpretativas; tratados multilaterais; convenções internacionais; direito internacional público; treaty law; reservations; objections; interpretative declarations; multilateral treaties; international conventions; public international law; Direito

Nowadays, the negotiation of international Conventions between different States is clearly on the increase. States, which have very different characteristics among them, not only at the legal level but also at the historic and cultural level, among others, have the right to reject or modify certain effects of a clause which can potentially collide with their own ideals or interests. It is based on this principle that the practice and regime of the Reservations in International Public Law came into being, in which a State is allowed, at the point of the institution of the Clause, to reject or modify the impact of that Clause. However, the formulation of reservations can be dangerous, in the sense that they can potentially violate basic principles of public international law, rules of treaty law, or even the object and aim of the treaty itself. In order to prevent this from happening, the reservations' regime is very complex in that it establishes limits which protect not only the integrity of the treaty itself, but also of international law. Moreover, the same regime grants the remaining Parties to the Convention the right to formulate objections, by which they express their opposition to the formulated reservation and decide in which way those reservations will impact their relationship with the State which formulated it. Thus, the present report aims at clarifying the reservations' regime in order to solve potential problems which may arise, as well as those already existing problems which I had the opportunity to analyze during my six month internship at the Portuguese Ministry of Foreign Affairs.