Portugal: Ratification of Convention on Certain Conventional Weapons

State
Action type
Ratification
Depositary
Secretary-General of the United Nations
Date
04 April 1997
Note

Objection:

5 February 2010

With regard to the reservation made by the United States of America upon consenting to be bound by Protocol III to the above Convention:

       “The Portuguese Republic has examined the reservation made by the Government of the United States of America on 21 January 2009 upon its consent to be bound by Protocol III of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
       The Government of the Portuguese Republic considers that, in respect of paragraph 2 of article 2, being one of the core provisions of the Protocol, the reservation is incompatible with the object and purpose of the Protocol.  Moreover, it follows from the provision itself that no exception whatsoever is allowed.
       The Government of the Portuguese Republic furthermore considers that, in respect of paragraph 3 of article 2, the reservation must also be deemed to be incompatible with the object and purpose of the Protocol, since it widens the scope of the exception provided for under this paragraph.  In addition, it should be underlined that also this paragraph is a core provision of the Protocol.
       According to international law, a reservation which is incompatible with the object and purpose of a treaty shall not be permitted.
       The Government of the Portuguese Republic therefore objects to the aforesaid reservation made by the Government of the United States of America on 21 January 2009 upon its consent to be bound by Protocol III of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.
       This objection shall not preclude the entry into force of the Protocol III between the Portuguese Republic and the United States of America.”

 

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