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Withdrawal Of Reservations And Of Objections To Reservations

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Chapter Summary

States enjoy considerable flexibility when making reservations and objections thereto and this is mirrored in Article 22 in the possibility of withdrawing reservations and objections to reservations. Paragraph 1 states the general rule that a reservation may be withdrawn at any time. Paragraph 2 corresponds to paragraph 1 by providing that an objection to a reservation may be withdrawn at any time. Paragraph 3 deals with the effects of the withdrawal of a reservation or an objection. The withdrawal of the reservation or the objection takes effect in relation to the other contracting State. The question arises whether the accepting State should be granted a certain period of time to adjust to the withdrawal of a reservation, or the reserving State to react to the withdrawal of an objection in order to adjust its internal law to the new situation. Subparagraphs 3(a) and (b) purposely leave it open.

Keywords: Article 22; contracting State; objections; reservations



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