Somehumanrights treatiespermit governmentsto

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Unformatted text preview: TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW Note: A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith. Q: What is a reservation? When can it not be made? A: A reservation is 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 modify the legal effect of certain provisions of the treaty in their application to that State. Reservations cannot be made if the treaty itself provides that no reservation shall be admissible, or the treaty allows only specified reservations which do not include the reservation in question, or the reservation is incompatible with the object and purpose of the treaty. Q: What are the effects of reservation and of objections to reservations? A: 1. Modifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation; and 2. Modifies those provisions to the same extent for that other party in its relations with the reserving State. 3. The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. 4. When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation. Q: Are treaties subject to judicial review? A: Yes. Even afte...
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This document was uploaded on 03/12/2014.

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