UN Guide On Treaty Reservations: Practice And Dialogue (2011).pdf

The "Guide to Practice on Reservations to Treaties" was adopted by the International Law Commission in 2011 during its sixty-third session. It provides guidelines for understanding and applying reservations to treaties.

Definitions:
- Reservation: A unilateral statement made by a State or international organization aiming to exclude or modify certain treaty provisions' legal effects.
- Interpretative Declaration: A unilateral statement specifying or clarifying the meaning or scope of a treaty or its provisions.

Distinctions:
- The character of a statement as either a reservation or an interpretative declaration is determined by the intended legal effect.
- To distinguish between them, statements should be interpreted in good faith according to their terms and context within the treaty.

Specific Types:
- Conditional Interpretative Declarations: These are subject to rules applicable to reservations. They express conditions under which a State or organization agrees to a treaty's interpretation.
- Unilateral Statements Other Than Reservations/Interpretative Declarations: Such statements, including those of non-recognition and internal implementation modalities, fall outside the Guide’s scope.

Key Points:
- When a treaty prohibits reservations, any statement regarding prohibited provisions is presumed not to be a reservation unless it explicitly aims to exclude or modify legal effects.
- The phrasing or name of a statement can indicate its intended effect but does not solely determine its character.

The guide serves as a framework for States and organizations in formulating statements related to treaties, ensuring clarity and consistency in international law practices.