The Reserve Institute in multilteral treaties: Integrity and universality

Abstract

This article analyses the institute of reservations in multilateral treaties, using as parameter the Advisory Opinion issued by the International Court of Justice, in 1951, which is still considered a landmark, because it was from it that great modifications were made in consideration of this legal institute, resulting ultimately in the articles 19 to 23 of the Viena Convention, 1969. After all, when it was abandoned the old rule of integrity for the liberty principle, there were drawbacks to be faced that even the Convention couldn´t remedy, such as: the instability of treaties and the impairment of uniformity of international law. Though when approaching this matter from a different perspective, it is possible to notice that the flexibility of reserves allowed for a broader State participation, which contributed to a greater cooperation among nations.