General reservations to multilateral conventions: a study of the reservations of the State of Qatar

The present study explores the reservations entered by the state of Qatar when ratifying or signing international treaties, their validity, as well as the consequences of these reservations in light of the traditional doctrines of reservations to multilateral treaties in general and to human rights instruments in particular.

The research constitutes the first major study on Qatari reservations and the first comparative analysis of the topic in the Gulf region, where States share legal structures based on Sharia. The discussion on the differentiated treatment of the reservations to human rights conventions is presented in more detail where the author aligns with the view that the regime of reservations is uniform and should not differentiate between human rights and non-human rights reservations. The scope of this study covers all international treaties but places particular emphasis on human rights treaties. It extends over other reservations as well - treaties on international relations matters and agreements regarding the jurisdiction of the ICJ - since analogies and insight can be drawn from them as well. At the same time, it is recognised that these treaties receive differentiated treatment in the practice of many states, and this is valid for the position of Qatar as well.

The dissertation highlights many misconceptions concerning Sharia based legal systems as well as clear inconsistencies with the positions of states in their treatment of states from the Global North and the West on one hand and states in other regions, including the Gulf States. Most notably, however, the research defends the legality of these reservations. They are not prohibited and they do not breach the object and purpose of the respective treaties.

The Qatari position towards reservations to multilateral treaties has significantly evolved and this is especially relevant as regards reservations to human rights treaties. The main accomplishment in that regard is that the state no longer issues general reservations against the whole human rights treaties on the basis of incompliance with Sharia law and has withdrawn its general reservations. The research demonstrates further that Qatar might reconsider its position towards the jurisdiction of ICJ which can be expected to facilitate the resolution of international conflicts involving the state of Qatar, including in the latter’s interest. However, some states and international organizations are sceptical of Qatari progress and point to specific deficiencies, particularly in the field of human rights protection and these observations can serve as suggestions for further improvement of the regime.