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The Law of Treaties Beyond the Vienna Convention edited by Cannizzaro, Enzo (17th February 2011)

Part I Conclusion of Treaties, 3 Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance

Alain Pellet, Müller Daniel

From: The Law of Treaties Beyond the Vienna Convention

Edited By: Enzo Cannizzaro

Subject(s):
Treaties, entry into force — Treaties, reservations and declarations — Vienna Convention on the Law of Treaties

The differences between the effects and implications of an acceptance of a reservation and of an objection to a reservation are quite easy to overlook, especially if one considers Articles 21(1) and 21(3) of the Vienna Convention in isolation. Nevertheless, in spite of some troubling similarities in specific circumstances, it cannot be denied that these differences do exist: an objection is not an acceptance and the effects of an acceptance or an objection must be distinguished in respect to the entry into force of the treaty, on the one hand, as well as to the relations between the parties if and when the treaty enters into force between them, regardless of whether the reservation is permissible, on the other hand.

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