Verdrag inzake conventionele strijdkrachten in Europa
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Duitsland | Ja | Nee |
Griekenland | Ja | Nee |
Moldavië | Ja | Nee |
Nederlanden, Republiek der Zeven Verenigde | Ja | Nee |
Russische Federatie | Ja | Ja |
Spanje | Ja | Nee |
Turkije | Ja | Ja |
Verenigd Koninkrijk | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Duitsland
19-11-1990
In connection with the signature of the Treaty on Conventional Armed Forces in Europe,
the Government of the Federal Republic of Germany confirms the declaration made by
the Federal Minister for Foreign Affairs on 30 August 1990 in the plenary session
of the Negotiations on Conventional Armed Forces in Europe, which reads as follows:
"The Government of the Federal Republic of Germany undertakes to reduce the personnel
strength of the armed forces of the united Germany to 370,000 (ground, air and naval
forces) within three to four years. This reduction will commence on the entry into
force of the first CFE agreement.
Within the scope of this overall ceiling no more than 345,000 will belong to the ground
and air forces which, pursuant to the agreed mandate, alone are the subject of the
Negotiations on Conventional Armed Forces in Europe.
The Federal Government regards its commitment to reduce ground and air forces as a
significant German contribution to the reduction of conventional armed forces in Europe.
It assumes that in follow-on negotiations the other participants in the negotiations,
too, will render their contribution to enhancing security and stability in Europe,
including measures to limit personnel strengths."
23-12-1991
1. The Federal Republic of Germany will apply Section VI, paragraph 24 of the Protocol
on Inspection in such a way that inspections outside military establishments are not
carried out in spaces used for residential purposes.
2. Section VIII, paragraph 6 (C) of the Protocol on Inspection will be applied in
such a way that inspections outside military establishments are carried out in spaces
not used for residential purposes only during normal business and operating hours.
Griekenland
08-07-1992
Greece wishes hereby to reaffirm the validity of the 1923 Lausanne Peace Treaty, the 1936 Montreux Convention regarding the regime of the Straits and the 1947 Paris Peace Treaty between the Allies and Italy, insofar as obligations deriving from them have not explicitly or implicitly been abolished by other Treaties, including the present one, or other rules and principles of international law.
Moldavië
13-12-2011
[...] the Republic of Moldova has decided to cease the implementation of certain obligations
under the CFE Treaty vis-à-vis the Russian Federation, particularly pertaining to
the provision of information and notifications as well as acceptance of inspections.
This decision will be effective as long as the Russian Federation continues not to
perform its obligations under the CFE Treaty.
The Republic of Moldova will continue to honour all its obligations under the CFE
Treaty and its associated documents towards the non-defaulting State Parties and remains
committed to good faith negotiations aimed at finding a solution.[...]
Nederlanden, Republiek der Zeven Verenigde
14-12-2011
[...] the Netherlands has decided that, for as long as the Russian Federation continues
not to perform its obligations to the Netherlands under the CFE Treaty and the Flank
Document, the Netherlands ceases to perform the following obligations vis-à-vis the
Russian Federation, effective upon the date of its statement in the Joint Consultative
Group, i.e. November 22, 2011.
- The Netherlands will not provide information to the Russian Federation in the annual
data exchange that takes place pursuant to the CFE Treaty;
- The Netherlands will not provide any notifications to the Russian Federation pursuant
to the CFE Treaty; and
- The Netherlands will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
The Netherlands will continue to perform all its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation.[...]
Russische Federatie
14-07-2007
Suspension of the Treaty from 12 December 2007.
[Note of the depositary: The Russian Federation has requested the depositary to convey
to the States Parties to the Treaty its decision to suspend the operation of the CFE
Treaty and the Document agreed among the States Parties to the Treaty on Conventional
Armed Forces in Europe of 19 November 1990. The Russian Federation proceeds from the
point that the operation of the CFE Treaty and the Flank Document will be suspended
in relations between the Russian Federation and States Parties to the CFE Treaty after
150 days upon the date of receipt by all the CFE Treaty States Parties of the notification
on suspension, i.e. from 12 December 2007.]
Bezwaar Verenigd Koninkrijk, 11-12-2007
...the United Kingdom would reserve the right to consider an act of suspension of the CFE Treaty by a State Party, should it occur, as an unlawful, material breach of the CFE Treaty.
Bezwaar Roemenië, 11-12-2007
...Romania would like to inform that it does not agree with Russian Federation's demarche regarding the suspension of the latter's obligations under the CFE Treaty starting with 12 December 2007.
Bezwaar Verenigde Staten van Amerika, 17-12-2007
... the CFE Treaty contains no provision that allows a State Party to carry out such a suspension and that such a suspension is not justified under the circumstances based on customary international law, as reflected in the Vienna Convention on the Law of Treaties. As such, the United States of America will continue to review closely the Russian Federations's compliance with its obligations, which continue in force, under the CFE Treaty and review options available under international law to respond to breaches of those obligations. The United States' future actions with regard to its own CFE Treaty commitments will take into account Russian compliance with its CFE Treaty commitments.
Bezwaar Turkije, 03-01-2008
... The CFE Treaty contains no provision for a state party to carry out such a suspension. Turkey, therefore, reserves the right to consider an act of suspension of the CFE Treaty by a state party as a material breach of the CFE Treaty and the right to take necessary legal measures in accordance with the principles of international law.
Bezwaar Canada, 07-02-2008
... The CFE Treaty does not contain provisions allowing States Parties to suspend their obligations. It is also the understanding of Canada that neither does customary international law, as embodied in the Vienna Convention on the Law of Treaties, contain grounds to justify such a unilateral course of action. Under these circumstances, Canada will continue to review the Russian Federation's compliance with its obligations, which continue in force, under the CFE Treaty and review options available under international law to respond to breaches of those obligations. Canada will also take into consideration the Russian Federation's level of compliance in determining its own future actions.
Bezwaar Tsjechië, 19-05-2008
... As the CFE Treaty does not contain any provision allowing States Parties to suspend their obligations and there is no consent on the suspension of the operation of the CFE Treaty, the Czech Republic will review the Russian Federation's compliance with its obligations, which continue in force, under the CFE Treaty. The Czech Republic reserves, therefore, the right to take necessary legal measures under international law to respond to the breaches of those obligations.
30-07-2008
(unofficial translation)
The suspension of the CFE Treaty is in line with the provisions of the CFE Treaty,
the Vienna Convention on the Law of Treaties, customary international law and general
principles of law.
It is well known that pursuant to Article 57 of the Vienna Convention the operation
of the international treaty may be suspended (i) in conformity with the provisions
of the treaty, or (ii) by consent of the parties to the treaty. Paragraph 2 of Article
XIX of the CFE Treaty provides that "each State Party shall, in exercising its national
sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary
events related to the subject matter of this Treaty have jeopardized its supreme interests".
The Russian Federation is of the view that the State Parties to the CFE Treaty are
fully allowed by international law to suspend it on the same grounds and under the
same procedure as provided for in Paragraph 2 of Article XIX for the withdrawal from
the CFE Treaty.
Article 31 of the Vienna Convention stipulates inter alia that for the purpose of
interpretation the text of the treaty comprises its preamble. In accordance with the
ninth paragraph of the preamble of the Vienna Convention 'the rules of customary international
law will continue to govern questions not regulated by the provisions of the present
Convention'. So the Vienna Convention itself provides the permissibility to act in
accordance not only with its provisions, but also with applicable rules of customary
international law.
Legal permissibility of the suspension of the international treaty that is silent
on suspension but provides for withdrawal stems from the in plus stat minus maxim
(the greater includes the lesser). This maxim is a well-known general principle of
law supported by customary international law. For instance, International Court of
Justice in a number of cases was guided by the logic of this principle in the context
of consideration of the issue of its jurisdiction. This legal maxim is equally applicable
within the realm of the law of treaties and in particular to the regime of suspension
and termination of international treaties. The provisions on termination and suspension
of the international treaty are 'hand in hand' in the Vienna Convention.
Application of the in plus stat minus principle as the means to substantiate the linkage
between termination and suspension clauses is evidenced by the materials of the International
Law Commission related to the draft articles on the law of treaties. An explicit right
to terminate the treaty (for the indefinite period of time) presumes and includes
a right to suspend it, i.e. temporarily terminate the fulfillment of obligations under
the treaty.
The Russian Federation has suspended the CFE Treaty on the same grounds on which it
had and has the right to withdraw from it.
Spanje
01-06-1992
1. Declaration drawn up 'ad referendum' on 14 June 1991 on behalf of the Government
of the Kingdom of Spain by the Spanish representative at the CFE negotiations:
The Government of the Kingdom of Spain hereby agrees that the declaration made today
by the Government of the Union of Soviet Socialist Republics provides a satisfactory
basis for moving towards the ratification and application of the Treaty on Conventional
Armed Forces in Europe of 19 November 1990 (the Treaty).
Both the above-mentioned declaration made by the Government of the Union of Soviet
Socialist Republics and the present declaration made by the Government of the Kingdom
of Spain are to be equally legally binding, to enter into force at the same time as
the Treaty and to have the same duration.
2. Declaration made by the representative of the Kingdom of Spain in the Joint Consultative
Group:
The representative of the Kingdom of Spain in the Joint Consultative Group hereby
declares that, in accordance with the legally binding declaration made by the Union
of Soviet Socialist Republics, all conventional armaments and equipment in the categories
defined under Article II of the Treaty present on or after 19 November 1990 in the
territories of Estonia, Latvia and Lithuania are to be deemed subject to all the provisions
of the Treaty, its supplementary documents and the legally binding commitment made
by the Union of Soviet Socialist Republics on 14 June 1991. More specifically, the
conventional armaments and equipment in the categories limited by the Treaty will
be notified as part of existing Soviet holdings and will be taken into account with
regard to the volume of the required Soviet reductions. 18 October 1991.
The application of the present Treaty to Gibraltar shall be without prejudice to the
legal position of the Kingdom of Spain on the dispute with the United Kingdom concerning
the sovereignty of the Isthmus.
Turkije
08-07-1992
The provision contained in Article II/1/B and Article V/1/A of the Treaty that the Treaty covers the entire land territory in Europe, including all the European island territories of the States Parties, or any other of its provisions do not alter, terminate or affect in any way the demilitarized status of the Eastern Aegean Islands established by the 1914 Decision of the Six Powers, 1923 Lausanne Peace Treaty, 1923 Lausanne Convention on the Straits and 1947 Paris Peacy Treaty.
Bezwaar Griekenland, 29-06-1993
Objection of the Government of the Hellenic Republic to the reservation formulated
by the Government of Turkey to the Treaty on Conventional Armed Forces in Europe.
The Government of the Hellenic Republic objects to Turkey's reservation concerning
the Treaty on Conventional Armed Forces in Europe to the extent that this reservation
departs from the declaration made by Greece on the same Treaty, not only with regard
to the instruments and international acts quoted therein, but also with regard to
the basic issue at stake.
Verenigd Koninkrijk
29-11-2011
[...] the United Kingdom decided that, for as long as the Russian Federation continues
not to perform its obligations under the CFE Treaty and the Flank Document, the United
Kingdom would from 22 November 2011, and in the hope that it will encourage the Russian
Federation to return to its Treaty obligations:
- no longer provide information to the Russian Federation in the annual data exchange
that takes place under the terms of the CFE Treaty on 15 December;
- no longer provide any notifications to the Russian Federation under the terms of
the CFE Treaty;
- no longer accept inspections requested by the Russian Federation pursuant to the
CFE Treaty.
The United Kingdom will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]
Verenigde Staten van Amerika
24-11-2011
[...] the United States has decided that, for as long as the Russian Federation continues
not to perform its obligations vis-à-vis the United States under the CFE Treaty and
the Flank Document, the United States will cease performing the following CFE Treaty
obligations vis-à-vis the Russian Federation:
- The United States will not provide information to the Russian Federation in the
annual data exchange that takes place pursuant to the CFE Treaty.
- The United States will not provide notifications to the Russian Federation pursuant
to the CFE Treaty.
- The United States will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
This action was announced in the Joint Consultative Group on November 22, 2011, and
was effective on that date.
The United States will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]