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Chapter Summary

Communication indicates the process of exchanging information, whereas notification indicates the formality through which a State undertakes the communication. Article 78 concerns all notifications or communications occurring during a treaty's life, such as establishing a State's consent to be bound by the treaty, making reservations or objections, and giving notice regarding invalidity or termination. If there is no depositary, the act is to be transmitted direct to the State for which it is intended; or if there is a depositary, it is to be transmitted to the latter. Any notification or communication shall be considered as having been made by the State in question only upon its receipt by the State to which it was transmitted or upon its receipt by the depositary. Article 78 is special in that it reserves not only the position of rules in other treaties, but also of differing rules in the Convention itself.

Keywords: Article 78; communications; Convention; depositary; notifications; State; treaty

10.1163/ej.9789004168046.i-1058.469
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dcterms_subject,pub_keyword
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