Reservation (law) in the context of "Custom (law)"

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⭐ Core Definition: Reservation (law)

A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as:

In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects.States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. As reservations are defined under the Vienna Convention and interpretative declarations are not, the two are sometimes difficult to discern from each other. Unlike a reservation, a declaration is not meant to affect the State's legal obligations but is attached to State's consent to a treaty to explain or interpret what the State deems unclear.

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Reservation (law) in the context of Multilateral treaty

A multilateral treaty or multilateral agreement is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilateral treaties include the Convention Relating to the Status of Refugees, the United Nations Convention on the Law of the Sea, the Geneva Conventions, and the Rome Statute of the International Criminal Court.

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Reservation (law) in the context of Geneva Conventions

The Geneva Conventions is a term used to collectively refer to the four Geneva Conventions of 1949 along with their two optional protocols (Additional Protocols I and II), which form the core of international humanitarian law and establish international legal standards for the treatment of non-combatants in war. Negotiated in the aftermath of the World War II, the Geneva Conventions of 1949 consist of four agreements, which replaced three earlier humanitarian conventions of 1906 and 1929 and added two new conventions. The First Geneva Convention addresses the treatment of sick and wounded field soldiers, Second Geneva Convention addresses the treatment of sick and wounded sailors, Third Geneva Convention addresses the treatment of prisoners or war, and Fourth Geneva Convention addresses the treatment of civilians during armed conflict.

Aside from the UN Charter, the Geneva Conventions are among the most widely ratified international agreements. The 1949 conventions were ratified, in their entirety or with reservations, by 196 countries. Much of the international humanitarian law contained in the Geneva Conventions has become customary international law, and therefore would apply to all states and non-state armed groups, even those that are not a party to the Geneva Conventions. The legal obligations created under the Geneva Conventions are somewhat different from other international treaties in that a breach of the Geneva Conventions by one party does not furnish a directly affected party with the option to cease complying with its treaty obligations.

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Reservation (law) in the context of Geneva Convention

The Geneva Conventions is a term used to collectively refer to the four Geneva Conventions of 1949 along with their two optional protocols (Additional Protocols I and II), which form the core of international humanitarian law and establish international legal standards for the treatment of non-combatants in war. Negotiated in the aftermath of the World War II, the Geneva Conventions of 1949 consist of four agreements, which replaced three earlier humanitarian conventions of 1906 and 1929 and added two new conventions. The First Geneva Convention addresses the treatment of sick and wounded field soldiers, Second Geneva Convention addresses the treatment of sick and wounded sailors, Third Geneva Convention addresses the treatment of prisoners of war, and Fourth Geneva Convention addresses the treatment of civilians during armed conflict.

Aside from the UN Charter, the Geneva Conventions are among the most widely ratified international agreements. The 1949 conventions were ratified, in their entirety or with reservations, by 196 countries. Much of the international humanitarian law contained in the Geneva Conventions has become customary international law, and therefore would apply to all states and non-state armed groups, even those that are not a party to the Geneva Conventions. The legal obligations created under the Geneva Conventions are somewhat different from other international treaties in that a breach of the Geneva Conventions by one party does not furnish a directly affected party with the option to cease complying with its treaty obligations.

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