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Article 22: Withdrawal Of Reservations And Of Objections To Reservations

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Chapter Summary

This chapter discusses about Article 6 that lies the capacity which states possess to conclude treaties. Capacity refers to two elements of treaty-making: (i) it is an essential requirement for the validity of a treaty since validity depends on the capacity of the contracting parties; and (ii) in the absence of possessing an inherent capacity to conclude treaties. The capacity implies the ability to claim or confer rights and obligations on other subjects of international law. Every state possesses equal legal capacity, an attribute which depends not on the power of each state, but on its existence as an international legal person. The capacity to conclude treaties implies, hence, the competence to do so. Article 6, based on the principle of the sovereign equality of states, represents a general rule of international law and is declaratory of customary international law.

Keywords: capacity; customary international law; sovereign state; treaties

10.1163/ej.9789004168046.i-1058.62
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