Rezervele şi declaraţiile interpretative la tratate
THE RESERVATIONS AND INTERPRETATIVE DECLARATIONS TO THE TREATIES

Summary/Abstract: There are situations in which a state agrees with most of the provisions of the treaty, but with some provisions it disagrees refusing to accept them. Therefore, it is admitted under certain conditions that the states express their agreement to be bound by the treaty with certain reservations. At the same time, the lack of provisions on interpretative declarations has led to difficulties in distinguishing between them, on the one hand, and the reservations to the treaties, on the other. Therefore, considering the reservations and interpretative statements as matters of major interest to international theory and practice, the UN General Assembly has brought this matter to the UN International Law Commission. Thus, at the 1993 session, the International Law Commission decided to include on its agenda the topic of the theoretical and practical aspects of the reservations to the treaties, and also to clarify the status of the reservation or of interpretative declaration and implicitly the legal regime applicable to them. After a long and complex analysis, the International Law Commission has completed in 2011 a project that is considered to be a Guide to Practice on Reservations to Treaties.

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