«Статус Конвенции об оценке воздействия на окружающую среду в трансграничном контексте (Эспо, 25 февраля 1991 года)» [рус., англ.] (по состоянию на 15.05.2009)

ext. This objection does not preclude the entry into force of the Convention as between the Grand Duchy of Luxembourg and Canada.
On 21 January 2000, the Secretary-General received from the Government of Canada, the following communciation:
"The Government of Canada notes that some States have formulated objections to the reservation of the Government of Canada to the Espoo Convention. The Government of Canada wishes to reaffirm its view that a reservation in respect of proposed activities (as defined in the Convention) that fall outside federal legislative jurisdiction exercised in respect of environmental assessment is compatible with the object and purpose of the Convention and is thus admissible. In reaffirming its position on this matter, the Government of Canada refers to the negotiating history of the Convention and specifically to the sixth and final meeting of the Working Group to elaborate a draft Convention. At that meeting, the states present agreed to delete a draft article that would have prohibited all reservations to the Convention. It was and remains Canada's understanding that the agreement to delete the prohibition on reservations was linked directly with a further decision not to include a "federal clause" within the Convention.
Canada further wishes to state that Canada's reservation to the Espoo Convention is an integral part of Canada's ratification of the Convention and is not severable therefrom. Canada can only accept treaty relations with other states on the basis of the reservation as formulated and in conformity with Article 21 of the Vienna Convention on the Law of Treaties."
Ireland (25 July 2002):
"The Government of Ireland has noted the reservation made by the Government of Canada when ratifying the Convention. The reservation appears to limit the application of the Convention in respect of Canada, to the proposed activities (as defined by the Convention) only insofar as they fall within the federal legislative jurisdiction exercised by Canada in respect of environmental assessment and therefore to have the effect of excluding the Convention's application to Canada insofar as the proposed activities fall within the jurisdiction of the Canadian provinces.
The reservation is of such a general nature that the Government of Ireland is unable to establish the extent to which Canada considers itself bound by the Convention.
Furthermore, it is a principle of international law that a State may not invoke its domestic law to justify its failure to fulfil its obligations under a treaty. It is, therefore, the view of the Government of Ireland that, without further clarification, it is not possible to determine whether or not the reservation is compatible with the object and purpose of the Convention in question.
Pending further clarification from Canada ensuring that the reservation is compatible with the object and purpose of the Convention, the Government of Ireland objects to the reservation made by Canada."






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