《联合国反腐败公约》的保留、声明和通知之述评

Review of Reservations,Declarations and Notifications Concerning the UN Convention Against Corruption

条约保留是国家对条约(公约)个别条款的排除或更改,不论采用怎样的名称。它涉及公约当事国权利义务关系的再次调整。对《联合国反腐败公约》作出的国别声明体现在reservations(保留)、declarations(声明)和notifications(通知)的名称形态中。它们实际上可以区分为真正意义的声明与解释性声明。真正意义的保留又具体可以细分为典型意义的保留和非典型意义的保留。就保留而言,必涉及保留的程序合理性,保留的后果及对我国的影响等;就解释性声明而言,则会有对其他国家的启示。

Reservations of treaties are made by a state to exclude or modify the legal effect of certain provisions of the treaties in their application to that state,however phrased or named.They are concerned with adjustment to relationship of rights and obligations between state parties.Reservations made by parties to The UN Convention against Corruption are embodied in name style of＂reservation＂or＂declaration＂or＂notification＂. They may be distinguished to real-meaning sort of reservations and interpretative declarations in fact. This real-meaning sort of reservations may also be subdivided specifically to two types,namely typical-meaning reservations and non-typical-meaning reservations. As far as reservations to treaties are concerned,they＇re involved reasonability_issue of reservation procedure and legal consequence from reservations;as for interpretative declarations,they＇re refered to enlightment to other countries.