Case Study - Convention

That if on the other hand a party accepts the

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Unformatted text preview: bjected to by one or more of the parties to the convention but not by others can be regarded as being a party to the convention, if the reservations is compatible with the object and purpose of the convention; otherwise, that State cannot be regarded as being party to the convention. II. By 7 to 5 – a. that if a party to the convention objects to a reservation which it considers to be incompatible with the object and purposed of the convention, it can in fact consider that the reserving State is not a party to the convention; b. that if, on the other hand, a party accepts the reservation as being compatible with the object and purpose of the Convention, it can in fact consider that the reserving state is a party to the convention. Notes: Reservations Defin: “A reservation is a unilateral statement, however phrased or named, made by a state, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that state.” We generally like treaty, will sign and be bound, but have objections to one part of it. Sometimes made during consent, other times through negotiations. Generally made for self- interested reasons. Related to not wanting to be bound by it, their domestic law might conflict with it. Whether treaty or custom, it is based on state consent. Concern or desire for reciprocity. Objection to reservation: 2 possible outc...
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