IP Treaties Collection

Objections made on October 21, 2013:
With regard to the declaration made by Ecuador upon accession:
"The Government of the Republic of Latvia has carefully examined the declaration made by the Republic of Ecuador upon accession.
The Government of the Republic of Latvia wishes to note that Article 309 of the Convention sets out that no reservations or expectations to this Convention can be made unless it is explicitly permitted by the Convention. As well as Article 310 of the Convention stipulates that declarations or statements may not exclude or modify the legal effect of the provisions of this Convention in their application to that State.
The Government of the Republic of Latvia recalls that, according to Article 27 of the Vienna Convention on the Law of Treaties, the State Party to an international agreement may not invoke the provisions of its internal law as justification for its failure to perform a treaty. On the contrary, it should be deemed a rule that a State Party adjusts its internal law to the treaty which it decides to be bound by.
Therefore, the Government of the Republic of Latvia is of the view that the declaration made by the Republic of Ecuador is inconsistent with the Convention, inter alia, regarding the freedom of navigation. Furthermore, the declaration is unclear in its purpose and intent, particularly regarding its effect on the national legislation, which currently is incompatible with the object and purpose of the Convention.
Therefore, the Government of the Republic of Latvia holds the opinion that the declaration contains provisions limiting the application of the Convention. Thus, it should be considered as a reservation as stipulated in Article 2(l)(d) of the Vienna Convention on the Law of Treaties.
Consequently, The Government of the Republic of Latvia objects to the declaration of Republic of Ecuador made upon the accession to the United Nations Convention on the Law of the Sea.
At the same time, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Republic of Ecuador. Thus, the Convention will become operative without the Republic of Ecuador benefiting from its declaration."