Article 19: Formulation Of Reservations
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
According to Article 16 of the Law of Treaties, 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 authorises specified reservations which do not include the reservation in question; or (c) in cases where the treaty contains no provision regarding reservations, the reservation is incompatible with the object and purpose of the treaty. Paras. (a)-(c) provide for exceptions to the general rule, they state the conditions within which a reservation is not permitted. The formulation of a reservation is only one side of the coin; its legal effect will depend on the reactions by the other treaty parties, in particular whether they accept or reject the reservation.