UNTC

Objections

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


Romania Romania 2 July 2013 With regard to the reservation made by the United Arab Emirates upon accession: “The Government of Romania has examined the declaration made by the United Arab Emirates which sustains that ‘the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of ‘torture’ defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention’ and regards this declaration as a disguised reservation. The reservation refers to the legislation in force in the United Arab Emirates as to the definition of torture and thus to the scope of the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Furthermore, if the intention of the United Arab Emirates is to subordinate the application of the Convention entirely to the provisions of its internal law as it results from the text of the declaration, the reservation is contrary to the general rule (contained in article 27 VCLT) according to which a party may not invoke its internal law as justification for failure to perform a treaty. Thus, the reservation is inconsistent with the object and purpose of the treaty. Romania appreciates that the term ‘lawful sanctions’ under article 1, paragraph 1 of the Convention must not be subordinated only to domestic law but it incorporates also a standard of legality under international law. For these reasons, the Government of Romania objects to the aforesaid reservation made by the United Arab Emirates to the Convention as being incompatible with its object and purpose even though the objection does not constitute an obstacle to the entry into force of the Convention between Romania and the United Arab Emirates. At the same time, the Government of Romania recommends the United Arab Emirates to reconsider its reservation and expresses the hope in its withdrawal.”

Romania

2 July 2013

With regard to the reservation made by the United Arab Emirates upon accession:

“The Government of Romania has examined the declaration made by the United Arab Emirates which sustains that ‘the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of ‘torture’ defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention’ and regards this declaration as a disguised reservation. The reservation refers to the legislation in force in the United Arab Emirates as to the definition of torture and thus to the scope of the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Furthermore, if the intention of the United Arab Emirates is to subordinate the application of the Convention entirely to the provisions of its internal law as it results from the text of the declaration, the reservation is contrary to the general rule (contained in article 27 VCLT) according to which a party may not invoke its internal law as justification for failure to perform a treaty. Thus, the reservation is inconsistent with the object and purpose of the treaty. Romania appreciates that the term ‘lawful sanctions’ under article 1, paragraph 1 of the Convention must not be subordinated only to domestic law but it incorporates also a standard of legality under international law.

For these reasons, the Government of Romania objects to the aforesaid reservation made by the United Arab Emirates to the Convention as being incompatible with its object and purpose even though the objection does not constitute an obstacle to the entry into force of the Convention between Romania and the United Arab Emirates. At the same time, the Government of Romania recommends the United Arab Emirates to reconsider its reservation and expresses the hope in its withdrawal.”