LATVIA


CAT


OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

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


29 June 2011


With regards to the reservations made by Pakistan upon ratification:


“The Government of the Republic of Latvia has carefully examined the reservations expressed by the Islamic Republic of Pakistan to Articles 3, 4, 6, 8, 12, 13, 16, 28 and 30 of the Convention upon ratification.


The Government of the Republic of Latvia considers that the reservations expressed by the Islamic Republic of Pakistan seek to limit the effect of the application of the Convention.


Moreover, the Government of the Republic of Latvia notes that the reservations expressed by the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 of the Convention, viewed as constituting the object and purpose thereof, subject these provisions to the regime of its national law.


The Government of the Republic of Latvia recalls that Article 27 of the Vienna Convention on the Law of Treaties sets out that a State Party may not invoke provisions of its internal law as justification for its failure to perform obligations arising from an international treaty.


The Government of the Republic of Latvia also recalls that customary international law as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c) thereof, sets out that a reservation incompatible with the object and purpose of a treaty is not permissible.


Hence, reservations expressed by the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 of the Convention raise doubts as to whether the Government of the Islamic Republic of Pakistan will apply the Convention in line with its object and purpose.


Consequently, the Government of the Republic of Latvia objects to the reservations made by the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 of the Convention.


At the same time, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Islamic Republic of Pakistan. Thus, the Convention will become operative without the Islamic Republic of Pakistan benefiting from its reservation.”



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