Article 21: Legal Effects Of Reservations And Of Objections To 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
Article 21 sets out the rules concerning the legal effects of the reserving State, the accepting State and other States. Paragraph 1 encompasses reservations that have been accepted by one or more States. Paragraph 2 confirms that a reservation operates only in the relations between the reserving and the accepting State, it does not affect the rights or obligations of the other parties among themselves. The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. Paragraph 3 of Article 20 deals with the effects of objections to a reservation to a treaty. It relates to a situation when a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State. The provisions to which the reservation relates do not apply as between the two States to the extent of the reservation.