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United Nations
Report of the International Law Commission
Sixty-third session
(26 April-3 June and 4 July-12 August 2011) General Assembly
Official Records
Sixty-sixth Session
Supplement No. 10
General Assembly
Official Records
Sixty-sixth Session
Supplement No. 10 [pic]
United Nations ( New York, 2011 Report of the International Law Commission
Sixty-third session
(26 April-3 June and 4 July-12 August 2011)
A/66/10/Add.1
ISSN 0251-822X Note Symbols of United Nations documents are composed of letters
combined with figures. Mention of such a symbol indicates a
reference to a United Nations document. The word Yearbook followed by suspension points and the year
(e.g. Yearbook ... 1971) indicates a reference to the Yearbook of
the International Law Commission. A typeset version of the report of the Commission will be
included in Part Two of volume II of the Yearbook of the
International Law Commission 2011. Contents
Chapter Paragraphs Page IV. Reservations to treaties (continued) 1-2 1 F. Text of the Guide to Practice on Reservations to Treaties,
adopted by the
Commission at its sixty-third session 1-2 1 1. Text of the guidelines constituting the Guide to
Practice, followed by
an annex on the reservations dialogue (A/66/10, para. 75)
1 1 2. Text of the Guide to Practice, comprising an
introduction, the guidelines
and commentaries thereto, an annex on the reservations
dialogue and a
bibliography 2 34 Guide to Practice on Reservations to Treaties (a) Introduction 34 (b) Text of the guidelines with commentaries thereto
37 1. Definitions 37 1.1 Definition of reservations 37 Commentary 38 1.1.1 Statements purporting to limit the
obligations of their author 45 Commentary 45 1.1.2 Statements purporting to discharge an
obligation by equivalent means 48 Commentary 48 1.1.3 Reservations relating to the territorial
application of the treaty 48 Commentary 49 1.1.4 Reservations formulated when extending the
territorial application
of a treaty 51 Commentary 51 1.1.5 Reservations formulated jointly 53 Commentary 53 1.1.6 Reservations formulated by virtue of clauses
expressly authorizing the
exclusion or the modification of certain
provisions of a treaty 55 Commentary 55 1.2 Definition of interpretative declarations
62 Commentary 63 1.2.1 Interpretative declarations formulated
jointly 72 Commentary 73 1.3 Distinction between reservations and
interpretative declarations 74 Commentary 74 1.3.1 Method of determining the distinction
between reservations and
interpretative declarations 75 Commentary 75 1.3.2 Phrasing and name 79 Commentary 79 1.3.3 Formulation of a unilateral statement when a
reservation is prohibited 83 Commentary 83 1.4 Conditional interpretative declarations
84 Commentary 84 1.5 Unilateral statements other than reservations
and interpretative
declarations 89 Commentary 89 1.5.1 Statements of non-recognition 94 Commentary 95 1.5.2 Statements concerning modalities of
implementation of a treaty
at the internal level 98 Commentary 98 1.5.3 Unilateral statements made under a clause
providing for options 101 Commentary 101 1.6 Unilateral statements in respect of bilateral
treaties 107 Commentary 107 1.6.1 "Reservations" to bilateral treaties
108 Commentary 108 1.6.2 Interpretative declarations in respect of
bilateral treaties 115 Commentary 115 1.6.3 Legal effect of acceptance of an
interpretative declaration made
in respect of a bilateral treaty by the other
party 117 Commentary 117 1.7 Alternatives to reservations and interpretative
declarations 118 Commentary 118 1.7.1 Alternatives to reservations 119 Commentary 119 1.7.2 Alternatives to interpretative declarations
129 Commentary 130 1.8 Scope of definitions 131 Commentary 131 2. Procedure 132 2.1 Form and notification of reservations 132 2.1.1 Form of reservations 132 Commentary 132 2.1.2 Statement of reasons for reservations
135 Commentary 135 2.1.3 Representation for the purpose of
formulating a reservation
at the international level 138 Commentary 138 2.1.4 Absence of consequences at the international
level of the violation
of internal rules regarding the formulation of
reservations 142 Commentary 142 2.1.5 Communication of reservations 145 Commentary 145 2.1.6 Procedure for communication of reservations
153 Commentary 154 2.1.7 Functions of depositaries 160 Commentary 161 2.2 Confirmation of reservations 165 2.2.1 Formal confirmation of reservations
formulated when signing a treaty 165 Commentary 166 2.2.2 Instances of non-requirement of confirmation
of reservations
formulated when signing a treaty 170 Commentary 170 2.2.3 Reservations formulated upon signature when
a treaty expressly so
provides 171 Commentary 172 2.2.4 Form of formal confirmation of reservations
173 Commentary 173 2.3 Late formulation of reservations 173 Commentary 173 2.3.1 Acceptance of the late formulation of a
reservation 181 Commentary 182 2.3.2 Time period for formulating an objection to
a reservation that is
formulated late 184 Commentary 184 2.3.3 Limits to the possibility of excluding or
modifying the legal effect of
a treaty by means other than reservations
185 Commentary 185 2.3.4 Widening of the scope of a reservation
187 Commentary 187 2.4 Procedure for interpretative declarations
190 Commentary 190 2.4.1 Form of interpretative declarations
191 Commentary 191 2.4.2 Representation for the purpose of
formulating interpretative
declarations 192 Commentary 192 2.4.3 Absence of consequences at the international
level of the violation of
internal rules regarding the formulation of
interpretative declarations 193 Commentary 193 2.4.4 Time at which an interpretative declaration
may be formulated 193 Commentary 194 2.4.5 Communication of interpretative declarations
195 Commentary 195 2.4.6 Non-requirement of confirmation of
interpretative declarations
formulated when signing a treaty 1