CZECH REPUBLIC

CRC

RESERVATIONS AND DECLARATIONS

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

Note

Czechoslovakia had signed and ratified the Convention on 30 September 1990 and 7 January 1991, respectively, with the following declaration in respect of article 7 (1):

"In cases of irrevocable adoptions, which are based on the principle of anonymity of such adoptions, and of artificial fertilization, where the physician charged with the operation is required to ensure that the husband and wife on one hand and the donor on the other hand remain unknown to each other, the non-communication of a natural parent's name or natural parents' names to the child is not in contradiction with this provision."

By a communication received on 7 June 1991, the Government of Czechoslovakia had made the following objections with regard to the reservation made by Kuwait upon signature:

"These reservations are incompatible with the object and purpose of the Convention. In the opinion of the Czechoslovak Government the said reservations are in contradiction to the generally recognized principle of international law according to which a state cannot invoke the provisions of its own internal law as justification for its failure to perform a treaty. Therefore the Czech and Slovak Federal Republic does not recognize these reservations as valid."

See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx] ).

            [Ed. note: note 1 under Czech Republic is as follows:

            Czech Republic

            Note 1

In a letter dated 16 February 1993, received by the Secretary-General on 22 February 1993 and accompanied by a list of multilateral treaties deposited with the Secretary-General, the Government of the Czech Republic notified that:

"In conformity with the valid principles of international law and to the extent defined by it, the Czech Republic, as a successor State to the Czech and Slovak Federal Republic, considers itself bound, as of 1 January 1993, i.e., the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to which the Czech and Slovak Federal Republic was a party on that date, including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic.

The Government of the Czech Republic have examined multilateral treaties the list of which is attached to this letter. [The Government of the Czech Republic] considers to be bound by these treaties as well as by all reservations and declarations to them by virtue of succession as of 1 January 1993.

The Czech Republic, in accordance with the well established principles of international law, recognizes signatures made by the Czech and Slovak Federal Republic in respect of all signed treaties as if they were made by itself."

In view of the information above, entries in status lists pertaining to formalities (i.e., signatures, ratifications, accessions, declarations and reservations, etc.) effected by the former Czechoslovakia prior to dissolution, in respect of treaties to which the Czech Republic and-or Slovakia have succeeded, will be replaced by the name of "Czech Republic" and-or "Slovakia" with the corresponding date of deposit of the notification of succession. A footnote will indicate the date and type of formality effected by the former Czechoslovakia, the corresponding indicator being inserted next to "Czech Republic" and "Slovakia" as the case may be.

As regards treaties in respect of which formalities were effected by the former Czechoslovakia and not listed in the notification of succession by either the Czech Republic or Slovakia, a footnote indicating the date and type of formality effected by the former Czechoslovakia will be included in the status of the treaties concerned, the corresponding footnote indicator being inserted next to the heading "Participant". See also “Slovakia” in this section” [Ed: note: see immediately below.]

For information on the treatment of treaty actions by predecessor States and successor States in the status tables, see Part C, "Status tables" of the "Introduction" to [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

            [Ed. note: Note 1 under Slovakia is as follows:

            Slovakia

            Note 1

In a letter dated 19 May 1993 and also accompanied by a list of multilateral treaties deposited with the Secretary-General, received by the Secretary-General on 28 May 1993, the Government of the Slovak Republic notified that:

"In accordance with the relevant principles and rules of international law and to the extent defined by it, the Slovak Republic, as a successor State, born from the dissolution of the Czech and Slovak Federal Republic, considers itself bound, as of January 1, 1993, i.e., the date on which the Slovak Republic assumed responsibility for its international relations, by multilateral treaties to which the Czech and Slovak Federal Republic was a party as of 31 December 1992, including reservations and declarations made earlier by Czechoslovakia, as well as objections by Czechoslovakia to reservations formulated by other treaty-parties.

The Slovak Republic wishes further to maintain its status as a contracting State of the treaties to which Czechoslovakia was a contracting State and which were not yet in force at the date of the dissolution of the Czech and Slovak Federal Republic, as well as the status of a signatory State of the treaties which were previously signed but not ratified by Czechoslovakia as listed in the Annex to this letter."

In view of the information above, entries in status lists pertaining to formalities (i.e., signatures, ratifications, accessions, declarations and reservations, etc.) effected by the former Czechoslovakia prior to dissolution, in respect of treaties to which the Czech Republic and/or Slovakia have succeeded, will be replaced by the name of "Czech Republic" and/or "Slovakia" with the corresponding date of deposit of the notification of succession. A footnote will indicate the date and type of formality effected by the former Czechoslovakia, the corresponding indicator being inserted next to "Czech Republic" and "Slovakia" as the case may be.

As regards treaties in respect of which formalities were effected by the former Czechoslovakia and not listed in the notification of succession by either the Czech Republic or Slovakia, a footnote indicating the date and type of formality effected by the former Czechoslovakia will be included in the status of the treaties concerned, the corresponding footnote indicator being inserted next to the heading "Participant".

            See also "Czech Republic" in this section.[Ed. Note: see above]

For information on the treatment of treaty actions by predecessor States and successor States in the status tables, see Part C, "Status tables" of the "Introduction" to [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

(Note 6, Chapter IV.11, Multilateral Treaties Deposited with the Secretary-General)

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

(Ed. note: for objections, see Note under Reservations and Declarations, above)

(Ed. note: for the text targeted by the objections, see the Reservations and Declarations of the State which is the subject of the objection)