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Procedure Regarding Reservations

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Chapter Summary

Article 23 relates to the procedure regarding reservations and to the procedures concerning the formulation and acceptance of, and the objections to, reservations. Paragraph 1 provides for the procedures such as reservation must be formulated in writing and once formulated shall be communicated to the contracting States and other States entitled to become parties to the treaty. Paragraph 2 concerns the situation where during the preparatory phases of a treaty a reservation has been informally announced or expressed. It cannot suffice to qualify formally as a reservation. 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. Paragraph 3 states that, the express acceptance or an objection to a reservation, made previously does not require confirmation. Paragraph 4 requires that the withdrawal must be formulated in writing.

Keywords: Article 23; contracting States; procedure; reservations; treaty



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