China's Practice in Treaty Reservations since 1949: A Critical Review

AuthorYong Wang
China’s Practice in Treaty Reservations 401
X JEAIL 2 (2017)
Yong Wang
Since its founding in 1949, the Peoples Republic of China has acceded to more than
300 multilateral treaties. Among them, China made reservations to 83 treaties,
accounting for nearly 27.7 percent of the total. Evidently, for China, formulating
reservations to multilateral treaties is an issue of vital importance in the process of
concluding and executing multilateral treaties. This paper examines the three main
reasons why China inclines to formulate reservations to the treaties, then argues that
the reservations formulated by China, whether in procedure or in substance, are not
only in full conformity with the 1969 Vienna Convention on the Law of Treaties, but
that China shall withdraw, and addresses the limitations of Chinas existing treaty
reservation system. Accordingly, this paper concludes that the Chinese government
should improve and perfect its treaty reservation system with some suggestions.
Reservations to Treaties, Multilateral Treaties, Vienna Convention on the
Law of Treaties, China’s Practice
s Practice in Treaty
Reservations since 1949:
Legal and Policy Evaluation
Professor of International Law at East China University of Political Science and Law (ECUPL), China. LL.B. /LL.M.
/Ph.D. (ECUPL). ORCID: This research is supported by 'Shuguang Program'
from Shanghai Education Development Foundation and Shanghai Municipal Education Commission. Much gratitude
is extended to Prof. Eric Y. J. Lee for his insightful advice. The author may be contacted at: /
Address: International Law School, East China University of Political Science and Law, No. 1575 Wanghangdu Road,
Shanghai, 200042, P.R. China.

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