44. One proposal retained the current methodology, but would involve a reduction to 75 per cent in the gradient.

The objecting State would thus notify the reserving State of its position in relation to the legal status of the reservation.

(f) That conditions for the detention and expulsion of persons whose presence is not authorized by law should be improved by providing them with legal protection and assistance

Reserved Shortcut

The Working Group discussed whether the documentary approach to the protection of third parties should be retained (see A CN.9 572, para. 96) and, if so, which third parties would be subject to protection under the draft instrument.

A unilateral statement did not need to be characterized as a reservation for it to be taken as such.

4. Urges States parties to the Convention that have made reservations to review the compatibility of their reservations with article 51 of the Convention and other relevant rules of international law, with a view to considering the withdrawal of those reservations which are contrary to article 51 of the Convention or otherwise contrary to international law

An objection to a reservation was an element (together with acts of acceptance of the reservation) of the process of giving the reservation its legal effects.

Another equally important aspect concerned the legal consequences of the invalidity of reservations.

Calling into question the reservations regime established under the 1969 Vienna Convention on the Law of Treaties would result in placing excessively narrow limits on the admissibility of reservations, parties' freedom of consent and the supplementary nature of reservations which, in the final analysis, was determined by the will of States.

The prohibition of such reservations should be categorical only if the reserving State, by modifying the legal effect of such a provision, intended to introduce a rule that was contrary to jus cogens.

The security forces were reported rarely to produce detainees before a magistrate, despite their being required by law to do so within 24 hours of detention.

To that end, article 25 makes a legal reservation, which is absolute insofar as jurisdiction can only be determined directly in advance by the law.

(c) Countries that retained the death penalty in law.

Consequently, for the time being, the present formulation could be retained.

The preparation and consideration of two reports remained pending for 1998 one on the definition, formulation, withdrawal and acceptance of reservations and objections to reservations and the other on the effects of reservations, the acceptance of reservations and objections to reservations.

It supported those members of the Commission who believed that the Vienna regime did not provide for a procedure for formulating reservations and objections thereto nor did it provide a method for defining the admissibility of reservations.

The report provided a comparison with reservations and declarations entered to the other United Nations human rights treaties and also outlined measures that had been taken in other contexts to address reservations, suggesting options available to the Committee to encourage the reduction and elimination reservations.

In this context, a succession of reservations and objections to the reservations made it difficult to identify core obligations.

In such cases, the other parties to the treaty could not be sure of the extent of the reserving State's commitment to the treaty, and they might even have misgivings about the future development of the domestic law of the reserving State.

He would prefer to retain the paragraph as it stood at any rate, the reference to taking a decision should be kept.

Agreement on the current methodology had not been arrived at easily, and she urged the developed countries to retain the current formula.

The Special Rapporteur on reservations to treaties, in his latest report (A CN.4 558 and Add.1), had highlighted a patent contradiction in State practice with regard to reservations which were incompatible with the object and purpose of a treaty.

3.1.11 Reservations relating to the application of domestic law

61. Second, the codification of that practice had been the result of a compromise between the need to codify international law by concluding multilateral treaties, on the one hand, and the sovereign right of States to make reservations, on the other.

No safeguards are provided against the abuse of power of detention, nor does an effective or efficacious remedy in respect of arbitrary detentions exist.

The words of the law of the state or should be kept in brackets for further consideration.

We have reservations about that approach.

One view was that paragraph (4) should be retained.

However, account must be taken of the will of the reserving State regarding the relationship between the ratification of a treaty and the reservation.

To that end, a fresh approach was needed to the recruitment, preparation and retention of staff.

France did, however, explain that its reservations did not constitute opposition in principle to the way in which the text was arranged.

During the meeting reservations were expressed on a number of aspects of the approach adopted to the problem.

6.6.4.2.8.1 The reference holding time shall be determined by a method recognized by the competent authority on the basis of the following

Hence, many of them ensure that openings for interpretation remain.

In addition, prompt and effective oversight of detention by a judge or other officer authorized by law to exercise judicial power must be ensured to verify the legality of the detention and to protect other fundamental rights of the detainee.

It must also be borne in mind that States objecting to reservations did not wish to sever treaty relations with the reserving State, but rather to try to keep the reserving State a party to the treaty.

So we will leave the reference to 2006 as it is.

A guide to practice in respect of reservations would be useful to States in determining their practice on that question.

It should not be forgotten that the modern law on reservations to multilateral treaties owed its origin to the advisory opinion of the International Court of Justice on reservations to the Genocide Convention.

The view was also expressed that the question of the validity of reservations should be considered together with the question of the legal consequences of invalid reservations.

The current debt burden adjustment should be retained, as should the current formula for the low per capita income adjustment.

Retention of the external legal consultant ( 250,000)

The death penalty remains in the statute books.

The issue of the legal effect of objections to such reservations could be approached by looking at article 21 of the Vienna Convention, which concerned the legal effect of reservations and objections to reservations formulated in accordance with article 19.