UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon ratification, acceptance, accession or succession.)

Austria

Objections

(Unless otherwise indicated, the objections were made
upon ratification, acceptance, accession or succession.)


Austria Austria 18 June 1996 With regard to the reservations made by Malaysia upon accession: "Under article 19 of the Vienna Convention on the Law of Treaties which is reflected in article 51 of the [Convention] a reservation, in order to be admissible under international law, has to be compatible with the object and purpose of the treaty concerned. A reservation is incompatible with object and purpose of a treaty if it intends to derogate from provisions the implementation of which is essential to fulfilling its object and purpose. The Government of Austria has examined the reservation made by Malaysia to the [Convention]. Given the general character of these reservations a final assessment as to its admissibility under international law cannot be made without further clarification. Until the scope of the legal effects of this reservation is sufficiently specified by Malaysia, the Republic of Austria considers these reservations as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the [Convention]. Austria, however, objects to the admissibility of the reservations in question if the application of this reservation negatively affects the compliance of Malaysia ... with its obligations under the [Convention] essential for the fulfilment of its object and purpose. Austria could not consider the reservation made by Malaysia ... as admissible under the regime of article 51 of the [Convention] and article 19 of the Vienna Convention on the Law of Treaties unless Malaysia ... , by providing additional information or through subsequent practice to ensure [s] that the reservations are compatible with the provisions essential for the implementation of the object and purpose of the [Convention]". 3 March 1997 With regard to the reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession: [Same objection, mutatis mutandis, as the one made with regard to Malaysia.] 31 March 2016 With regard to the reservations made by the Federal Republic of Somalia upon ratification: “The Government of Austria has examined the reservation made by the Federal Republic of Somalia upon ratification of the United Nations Convention on the Rights of the Child. Austria considers that by referring to the General Principles of Islamic Sharia Somalia has made a reservation of a general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. Austria therefore considers the reservation to be incompatible with the object and purpose of the Convention and objects to it. This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Federal Republic of Somalia.”

Austria

18 June 1996

With regard to the reservations made by Malaysia upon accession:

"Under article 19 of the Vienna Convention on the Law of Treaties which is reflected in article 51 of the [Convention] a reservation, in order to be admissible under international law, has to be compatible with the object and purpose of the treaty concerned. A reservation is incompatible with object and purpose of a treaty if it intends to derogate from provisions the implementation of which is essential to fulfilling its object and purpose.

The Government of Austria has examined the reservation made by Malaysia to the [Convention]. Given the general character of these reservations a final assessment as to its admissibility under international law cannot be made without further clarification.

Until the scope of the legal effects of this reservation is sufficiently specified by Malaysia, the Republic of Austria considers these reservations as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the [Convention].

Austria, however, objects to the admissibility of the reservations in question if the application of this reservation negatively affects the compliance of Malaysia ... with its obligations under the [Convention] essential for the fulfilment of its object and purpose.

Austria could not consider the reservation made by Malaysia ... as admissible under the regime of article 51 of the [Convention] and article 19 of the Vienna Convention on the Law of Treaties unless Malaysia ... , by providing additional information or through subsequent practice to ensure [s] that the reservations are compatible with the provisions essential for the implementation of the object and purpose of the [Convention]".

3 March 1997

With regard to the reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession:

[Same objection, mutatis mutandis, as the one made with regard to Malaysia.]

31 March 2016

With regard to the reservations made by the Federal Republic of Somalia upon ratification:

“The Government of Austria has examined the reservation made by the Federal Republic of Somalia upon ratification of the United Nations Convention on the Rights of the Child.

Austria considers that by referring to the General Principles of Islamic Sharia Somalia has made a reservation of a general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

Austria therefore considers the reservation to be incompatible with the object and purpose of the Convention and objects to it.

This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Federal Republic of Somalia.”