条约保留程序问题研究

Research on the problems in the process of rule of law program Chinese reservations to treaties

条约保留是条约法理论和实践中最为复杂的问题。条约保留的《实践指南》对于条约保留制度的发展意义重大,并且仍在不断地发扬光大。在国际法中,条约保留有其存在的法理基础,条约保留的提出程序在条约法公约和《实践指南》中有严格规定,并不断顺应形势要求发展壮大。中国在大力推进法治进程中,应主动消除条约保留实践中的不足,积极践行条约保留制度的新发展。

Reservations to treaties is a complex problem to the theory and practice of the law of treaties. The practice of reservations to treaties ＂guide＂ for the system of reservations to treaties and the development of great significance, and still continue to carry forward. In international law, Reservations to treaties is a legal basis for its existence the proposed treaty reservation procedures in the Convention on the law of treaties and the ＂ guide ＂ in the practice of strict requirements, and constantly adapt to the situation requirement develop- ment. China should take the initiative to eliminate the problems in practice of reservations to treaties in vigor- ously promoting the rule of law in the process,, the new development of practicing the system of reservations to treaties.