Quiz Explained 13 March 2018 Prof Sammy Park Reservation “a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.” ➔ Purpose: to accommodate as many States as parties to the treaty Jus Cogens Norms from which no derogation is permitted; those norms recognized by the international community as a whole as being fundamental to the maintenance of an international legal order A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law Jus cogens examples The prohibition of the use of force; The prohibition of genocide; The prohibition of piracy and slave-trading; The prohibition of racial discrimination; The prohibition against torture; The principle of self-determination; The principles of international humanitarian law Why reservation is widely used? Because reservation could accommodate as many States as possible in a treaty system and, with many contracting States, it could make the treaty in question easily enter into force It would be better to have a large number of States as parties to a treaty, rather than only a small number of States Why they register treaties? Registration by one party is the evidence that that party regards the instrument as a treaty Without registration, you could not argue the legal effect of a treaty before UN organs No party to any treaty which has not been registered may invoke that treaty before any organ of the UN (Art 102(2)) Why are privileges and immunities given to diplomats? • The rules of diplomatic immunity are the most accepted and uncontroversial rules of International Law - Reciprocal or quid pro quo • They are essential to facilitate the performance of the public functions of diplomatic missions Freedom of movement Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory(Art 26) Such freedom is essential to enable the members of mission to report properly in the receiving State and protect nationals of the sending State RUSSIAN DIPLOMATS PUT UNDER RESTRICTIONS ON FREEDOM OF MOVEMENT THROUGH U.S 01.12.2016 Yesterday, the House of Representatives approved a bill on financing national intelligence services in 2017 financial year The document also includes provisions relative to representatives of the Russia’s MFA who work on the territory of the U.S According to the provision named Restrictions on Travel for accredited diplomats and consuls of the RF in the U.S., representatives of the Russia’s MFA now can only go 40 kilometers away from the building of the diplomatic mission after the trip is approved by the Director of the Federal Bureau of Investigation (FBI) Diplomatic Privileges and Immunities Both words are normally being used in pairs at the same time (2 aspects of the same thing) The exemption enjoyed by diplomatic agents, their families, and members of their mission staffs from many ordinary criminal and civil laws of their host country, as determined under terms established by treaty and international law  ... RESTRICTIONS ON FREEDOM OF MOVEMENT THROUGH U.S 01. 12.2 016 Yesterday, the House of Representatives approved a bill on financing national intelligence services in 2 017 financial year The document also includes... any treaty which has not been registered may invoke that treaty before any organ of the UN (Art 10 2(2)) Why are privileges and immunities given to diplomats? • The rules of diplomatic immunity