Section 105p. 105

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Consent to be Bound by Part of a Treaty and Choice of

Differing Provisions

1. Without prejudice to articles 19 to 23, the consent of a

State to be bound by part of a treaty is effective only if the

treaty so permits or the other contracting States so agree.

2. The consent of a State to be bound by a treaty which

permits a choice between differing provisions is effective

only if it is made clear to which of the provisions the

consent relates.

ARTICLE 18

Obligation Not to Defeat the Object and Purpose of a

Treaty Prior to its Entry into Force

A State is obliged to refrain from acts which would defeat

the object and purpose of a treaty when:

(a) it has signed the treaty or has exchanged instruments

constituting the treaty subject to ratification, acceptance

or approval, until it shall have made its intention clear not

to become a party to the treaty; or

(b) it has expressed its consent to be bound by the treaty,

pending the entry into force of the treaty and provided

that such entry into force is not unduly delayed.

SECTION 2 Reservations

ARTICLE 19

Formulation of Reservations

A

State

may,

when

signing,

ratifying,

accepting,

approving or acceding to a treaty, formulate a reservation

unless:

(a) the reservation is prohibited by the treaty;

(b) the treaty provides that only specified reservations,

which do not include the reservation in question, may be

made; or

(c) in cases not failing under subparagraphs (a) and (b),

the reservation is incompatible with the object and

purpose of the treaty.

ARTICLE 20

Acceptance of and Objection to Reservations

1. A reservation expressly authorized by a treaty does not

require

any

subsequent

acceptance

by

the

other

contracting States unless the treaty so provides.

2. When it appears from the limited number of the

negotiating States and the object and purpose of a treaty

that the application of the treaty in its entirety between

all the parties is an essential condition of the consent of

each one to be bound by the treaty, a reservation requires

acceptance by all the parties.

3. When a treaty is a constituent instrument of an

international

organization

and

unless

it

otherwise

provides, a reservation requires the acceptance of the

competent organ of that organization.

4. In cases not falling under the preceding paragraphs

and unless the treaty otherwise provides:

(a)

acceptance

by

another

contracting

State

of

a

reservation constitutes the reserving State a party to the

treaty in relation to that other State if or when the treaty

is in force for those States;

(b)

an

objection

by another contracting State to a

reservation does not preclude the entry into force of the

treaty as between the objecting and reserving States

unless a contrary intention is definitely expressed by the

objecting State;

(c) an act expressing a State’s consent to be bound by the

treaty and containing a reservation is effective as soon as

at least one other contracting State has accepted the

reservation.

5. For the purposes of paragraphs 2 and 4 and unless the

treaty otherwise provides, a reservation is considered to

have been accepted by a State if it shall have raised no

objection to the reservation by the end of a period of

twelve months after it was notified of the reservation or

by the date on which it expressed its consent to be bound

by the treaty, whichever is later.

ARTICLE 21

Legal Elects of Reservations and of Objections to

Reservations

1. A reservation established with regard to another party

in accordance with articles 19, 20 and 23:

(a) modifies for the reserving State in its relations with

that other party the provisions of the treaty to which the

reservation relates to the extent of the reservation; and

(b) modifies those provisions to the same extent for that

other party in its relations with the reserving State.

2. The reservation does not modify the provisions of the

treaty for the other parties to the treaty inter se.

3. When a State objecting to a reservation has not

opposed the entry into force of the treaty between itself

and the reserving State, the provisions to which the

reservation relates do not apply as between the two

States to the extent of the reservation.

ARTICLE 22

Withdrawal of Reservations and of Objections to

Reservations

1. Unless the treaty otherwise provides, a reservation may

be withdrawn at any time and the consent of a State

which has accepted the reservation is not required for its

withdrawal.

2. Unless the treaty otherwise provides, an objection to a

reservation may be withdrawn at any time.

3. Unless the treaty otherwise provides, or it is otherwise

agreed:

(a) the withdrawal of a reservation becomes operative in

relation to another contracting State only when notice of

it has been received by that State;

(b)

the withdrawal of an objection to a reservation

becomes operative only when notice of it has been

received by the State which formulated the reservation.

ARTICLE 23

Procedure Regarding Reservations

1. A reservation, an express acceptance of a reservation

and an objection to a reservation must be formulated in

writing and communicated to the contracting States and

other States entitled to become parties to the treaty.

2. If formulated when signing the treaty subject to

ratification, acceptance or approval, a reservation must be

formally

confirmed

by

the

reserving

State

when

expressing its consent to be bound by the treaty. In such

a case the reservation shall be considered as having been

made on the date of its confirmation.

3.

An

express

acceptance

of, or an objection to, a

reservation

made

previously

to

confirmation

of

the

reservation does not itself require confirmation.

4. The withdrawal of a reservation or of an objection to a

reservation must be formulated in writing.

SECTION 3 Entry Into Force and Provisional,

Application of Treaties

ARTICLE 24

Entry Into Force

1. A treaty enters into force in such manner and upon

such date as it may provide or as the negotiating States

may agree.

2. Failing any such provision or agreement, a treaty enters

into force as soon as consent to be bound by the treaty

has been established for all the negotiating States.

3. When the consent of a State to be bound by a treaty is

established on a date after the treaty has come into force,

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