Objection with regard to the reservation made by Libya upon ratification: (5 February 2019)
"The Government of the Republic of Latvia has carefully examined the declaration made by Libya upon ratification of the Convention on the Rights of Persons with Disabilities.
In the view of the Government of the Republic of Latvia, declaration made by Libya according to which Article 25 (a) of the Convention will be interpreted in a manner that does not contravene the Islamic sharia and national legislation, amounts to a reservation.
Moreover, a reservation which subordinates any provision of the Convention in general to the Islamic sharia and national legislation constitutes a reservation of general scope, which is likely to cast doubt on the full commitment of Libya to the object and purpose of the Convention.
The reservation made by Libya seeks to limit the scope of the Convention on a unilateral basis thus the reservation is incompatible with the object and the purpose of the Convention and therefore inadmissible under Article 19(c) of the Vienna Convention on the Law of Treaties. Therefore, the Government of the Republic of Latvia objects to this reservation.
However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and Libya. The Convention will thus become operative between the two States without Libya benefitting from its declaration."
On 28 April 2017, the Secretary-General received the following communication from the Government of Latvia with regard to the reservation made by Brunei Darussalam upon ratification:
"The Government of the Republic of Latvia has carefully examined the reservation made by the Sultanate of Brunei Darussalam upon ratification of the Convention on the Rights of Persons with Disabilities.
The Republic of Latvia considers that this reservation consists of a general reference to a system of law without specifying its contents and therefore does not clearly define the extent to which the reserving State has accepted the obligations of the Convention.
Therefore, the Government of the Republic of Latvia considers that the reservation made by the Sultanate of Brunei Darussalam seeks to limit the responsibilities of the reserving State under the Convention and is likely to deprive the provisions of the Convention of their effect and, hence, must be regarded as incompatible with the object and purpose of the Convention. Furthermore, under Article 46, paragraph 1 of the Convention on the Rights of Persons with Disabilities, reservations incompatible with the object and purpose of the Convention are not permitted.
Consequently, the Government of the Republic of Latvia objects to the reservation made by the Sultanate of Brunei Darussalam concerning the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Latvia and the Sultanate of Brunei Darussalam."
反对伊朗伊斯兰共和国在加入作出的声明:(2010年10月22日)
“拉脱维亚共和国政府仔细审查了伊朗伊斯兰共和国对‘公约’作出的声明。
拉脱维亚共和国政府认为,声明包含对国家法律的一般参考,致使‘公约’的任何条款均服从于伊朗伊斯兰共和国的国家法律。
因此,拉脱维亚共和国政府认为,声明实际上是被视为限制‘公约’适用范围的单边行为,因而应当被视作一种保留。
拉脱维亚共和国政府还认为,以声明为名的保留没有明确伊朗伊斯兰共和国认为其自身在何等程度上受‘公约’条款约束,以及对‘公约’规定的权利的适用方式是否符合‘公约’的目的和宗旨。
因而,拉脱维亚共和国政府忆及,‘公约’第四十六条的条款提出,保留不得与‘公约’的目的和宗旨不符。
因此,拉脱维亚共和国政府反对伊朗伊斯兰共和国作出的对’公约’的上述保留。
然而,这一反对不妨碍‘公约’在拉脱维亚共和国和伊朗伊斯兰共和国之间生效。国际公约将从而生效,而伊朗伊斯兰共和国不得益于其保留。”
鸣谢:译文由WIPO提供。© 2014 WIPO
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