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Part III Treaty Formation, 12 Treaty Reservations

Edward T Swaine

From: The Oxford Guide to Treaties (2nd Edition)

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Vienna Convention on the Law of Treaties — Treaties, reservations and declarations

This chapter examines current treaty law and practice relating to reservations. It is organized into five parts. Part I examines how reservations are made and distinguishes them from other unilateral acts. Part II examines the historical development of the legal rules surrounding reservations. Part III turns to the issues surrounding the initial legal status of reservations, including the continuing tension over whether all reservations must pass an initial threshold of permissibility to trigger the objection system envisaged by the 1969 Vienna Convention on the Law of Treaties. Part IV examines that objection system. Finally, Part V considers questions of authority, examining which actors have (or claim) authority to evaluate reservations.

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