Reservation (law)

A caveat is in international law under the Vienna Convention, the unilateral declaration of a state at the conclusion of a contract by which the State purports to exclude or to modify the legal effects of individual contractual provisions in their application to that State.

Reservations are allowed if the contract in question does not prohibit them and they are compatible with the object and purpose of the treaty.

Title and Parliamentary Participation

The problem is the agreement of a reservation with regard to the involvement of parliament. A caveat is included in the text of the treaty in order to put the legal effects of international treaty with conditional admission, so to change. However, be made ​​in the national approval process consent law refers to the original text of the contract, not the contract modified by the reservation. Therefore, a view of the opinion a reservation distort the will of the Bundestag and the Bundesrat, for the contract to which the consent relates, shall take effect with different content. The opposing view argues that the consent proviso of Article 59 § 2 of the Basic Law shall focus on only one, if the Federal Republic eingehe bonds. A caveat just did not constitute such a binding, since it only restricts the scope of the contractual bond. A reservation can not limit the foreign policy and legislative powers in Germany.