Article 19-23: Subsequent Developments
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
Articles 19-23 failed to cover various aspects of the reservations to treaties. The areas frequently mentioned are human rights treaties, and the legal effects of reservations, which are incompatible within the meaning of Article 19. The ILC accomplished the work by means of a code, a set of Guidelines. The Court's 1951 Reservations to Genocide Advisory Opinion considerably altered traditional views on reservations. "Interpretative declaration" purports to clarify the meaning or scope attributed by the declarant to a treaty. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State is not required for its withdrawal. "Objection" is a response to a reservation to a treaty formulated by another State, whereby the former State purports to exclude or to modify the legal effects of the reservation. A State may, when signing, approving or acceding to a treaty formulate reservations.