The Right of Reservation in International Treaties: From the Perspective of International Law and Islamic Political System
DOI:
https://doi.org/10.58425/ajlps.v3i2.270Keywords:
Condition, convention, ratification, reservation, treatyAbstract
Aim: Reservation to the treaty is based on the principles of sovereignty and equality of nations. The main purpose of this right is to enhance the credibility of the parties to treaties, especially multilateral ones. It allows the treaty parties not to accept some of the treaty's articles and provisions if they contradict their national laws. States can declare their reservation at any time during the treaty process, such as signing, ratification, acceptance, and approval. The reservation proposal to member countries should be announced in a written document that the relevant authorities should sign.
Methods: The article is based on a qualitative approach in which data has been collected from Islamic sources and International convention on the law of treaties (1969), some previously related articles and books have also been used.
Results: It is important for the states and International organizations to use reservation to protect their interests and objectives in international treaties without any compromise, but it should not be against the object and purpose of the treaty.
Conclusion: From the Islamic point of view, states can use the right of reservation in international treaties, which is very useful and important for the implementation of Islamic rules and to protect their values as well.
Recommendation: The article should be flexible and accept reservations because of different legal and religious traditions.
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