چکیده:
The discussion of the right of reservation, in terms of the stability and commitment of international treaties, holds an important position in documenting and committing state practice to the sustainability of treaties. The article before you is a research on the right of reservation from the perspective of the Vienna Convention and Islam. This article will state in two sections that according to the provisions of the Vienna Convention and the legal principles of Islam, the principle is to apply the right of reservation in international treaties unless an exception to its application is introduced according to international law or custom, and generally, the establishment of the right of reservation is necessary for the greater participation of states in the process of making the global community inclusive and rule-based.
خلاصه ماشینی:
This article will demonstrate in two sections that according to the regulations of the Vienna Convention and the legal foundations of Islam, the principle is to apply reservations in international treaties unless an exception to their application is introduced according to international law or custom; and generally, the establishment of reservation is necessary for the greater participation of states in the process of making the global community comprehensive and rule-based.
Therefore, to remedy this objective and practical conflict, the establishment of the reservation in international treaties was proposed as a legal solution so that, as far as possible, the countries of the world would be committed to the obligations arising from the treaty, with the exception of one or more regulations.
The practice of applying reservations was generally accepted in the Hague Peace Conferences of 1899 and 1907 (1) until regulations regarding the establishment of reservations were enacted in the 1969 Vienna Convention, as the most authoritative international instrument on treaties, which expresses the definition, conditions, and legal effects of a reservation.
2 - Definition of Reservation Paragraph 1, subparagraph (d) of Article 2 of the 1969 Vienna Convention on the Law of Treaties defines a reservation as follows: "A reservation is a unilateral statement, however formulated, whereby a State, when signing, ratifying, accepting, approving or acceding to a treaty, expresses its intention to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.
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