Aviso n.º 161/2008, de 12 de Agosto de 2008

Aviso n. 161/2008

Por ordem superior se torna público ter o Governo da Suécia efectuado, junto do Secretário -Geral das Naçóes

Unidas, em 27 de Janeiro de 2004, uma objecçáo à declaraçáo interpretativa formulada pela Tailândia no momento da adesáo à Convençáo Internacional sobre a Eliminaçáo de Todas as Formas de Discriminaçáo Racial.

Notificaçáo

The Secretary -General of the United Nations, acting in his capacity as depositary, communicates the following:

The above action was effected on 27 January 2004. The Government of Sweden has examined the general interpretative declaration made by the Kingdom of Thailand upon acceding to the International Convention on the Elimination of All Forms of Racial Discrimination.

The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the interpretative declaration made by the Kingdom of Thailand in substance constitutes a reservation.

The Government of Sweden notes that the application of the Convention is being made subject to a general reservation referring to the confines of national legislation, without specifying its contents. Such a reservation makes it unclear to what extent the reserving state considers itself bound by the obligations of the Convention. The reservation made by the Kingdom of Thailand therefore raises doubts as to the commitment of the Kingdom of Thailand to the object and purpose of the Convention. In addition, according to the Vienna Convention on the Law of Treaties, a party to a treaty may not invoke the provisions of its internal law as justification for its failure to abide by the treaty.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to customary law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

The Government of Sweden therefore objects to the aforesaid reservation made by the Kingdom of Thailand to the International Convention on the Elimination of All Forms of Racial Discrimination.

This objection shall not preclude...

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