Uppsatsmall doc

parties and monitoring bodies have a role to play in bringing about such a desired
result. And what happens if the reserving state does not take action? At this point
the spokesperson stressed the importance of analysing the legal effects of
inadmissible reservations when the reserving party stays inactive, and referred to
the practice adopted by Sweden, along with the other Nordic countries, among
other states.
163
In some cases, particularly in connection with human rights
treaties,
164
certain countries have made reservations of a general nature, referring
in an unspecified manner to domestic legislation or other normative systems, some
of them of a religious origin. This has raised doubts about the commitment of
those countries to the object and purpose of the treaty in question. In other cases,
states have made specific reservations against central provisions of a treaty, which
must be considered to be against its object and purpose.
In both types of cases, the Nordic countries have maintained that the reservation
cannot modify the treaty. The Nordic countries have objected to the reservations,
but done so without precluding the entry into force of the treaty. The conventions
have become operative between the states in question without the reserving state
161
Klabbers, p. 187.
162
Magnusson, L., 
Elements of Nordic Practice 1997
: Sweden, NJIL, Vol. 67, No. 3, 1998, p.
350.
163
The practice is referred to as the Nordic “No Benefit” Approach.
164
Human rights treaties such as CRC and CEDAW just to name two examples.

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benefiting from its reservation. The Swedish representative reasons that it is
obvious that it should not be permitted for a state to accede to a normative
multilateral treaty and, at the same time, through reservations nullify central
provisions of that treaty. Reservations of that kind are inadmissible and should not
influence the legal effect of the adherence to the treaty.
165
Sweden has also
expressed the view that these sorts of inadmissible reservations not only casts
doubt on the commitment of the reserving state, but also, and maybe more
importantly, contributes to undermine the basis of international law. It is in the
common interest of states’ that treaties, to which they have chosen to become