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and the legal situation is clear as to whether the reserva- ing State is not a party to the Convention." 65 Finally, it
tion is accepted or rejected by the other state. 62The most advised that an objection to a reservation made by a sig-
dficult problems concerning reservations, however, natory state which has not yet ratified the Convention can
have arisen when one or more of the parties to a prevent the reserving state from being regarded as a party
multilateral treaty objects to another state's attempt to if the reservation is not compatible with the object and
become a party subject to one or more reservations. With purpose of the Convention, but that until ratification by
the increased use of multilateral treaties in the 20th cen- the reserving state, the objection merely serves as notice
tury, states have sometimes found themselves in essential of its attitude.
agreement on a treaty, but in disagreement on particular c. The Vienna Convention follows essentially the Inter-
provisions. This results from the fact that multilateral national Court's advisory opinion. Articles 19 and 20 es-
treaties are often the product of a complex negotiation tablish the following rules:
process in which the views of all parties may not be ac- (1) A state may make a reservation unless the tieaty
commodated. The ratification process can also encourage either prohibits it or provides that only spe~%ed reserva-
the imposition of reservations, particularly when, as in the tions, which do not include this reservation, may be
U.S., the legislative branch has a role in ratification. A leg- made. If a reservation is expressly authorized by a treaty,
islature may take a "second look" at a treaty entered into subsequent acceptance by the other contracting states is
by the executive and refuse to give its consent to certain not required unless the treaty so provides.
provisions. (2) If the treaty neither prohibits reservations nor
b. The traditional rule in international law was that a provides for smed reservations which do not include
reservation was possible only if all parties to a treaty ac- this reservation, a state may make a reservation unless it is
cepted it. 63 However, in 1932 the Pan American Union incompatible with the object and purpose of the treaty.
adopted a modified rule as to reservations. The (3) When the treaty is a constituent instrument of an
Dominican Republic had entered reservations to a nurn- international organization, a reservation must be accepted
ber of provisions in a Pan American Treaty on Consuls. by the competent organ of that organization unless the
Some parties claimed that this amounted to a rejection of treaty provides otherwise.
the treaty. Others found no objection to it, contending that (4) In cases not falling under the prdi para-
the power to make reservations was inherent in graphs, and unless the treaty otherwise provides:
sovereignty. The governing board of the Union adopted a (a) Acceptance by another contracting state of a
resolution providing that a treaty was to be considered in reservation constitutes the reserving state a party to the
force in the form in which it was signed as between the treaty in relation to that other state. Acceptance is
states which ratified it without reservations; in force as assumed if no objection is raised by the end of twelve
modified by the reservations between states which made months after a state was notified of the reservation, or the
reservations and those which accepted them; and not in date on which it expressed its consent to be bound by the
force between a state which made reservations and those treaty, whichever is later.
which did not accept them. 64 In 1951, the International (b) Objection by another contracting state to a
Court of Justice issued an Advisory Opinion concerning reservation does not preclude the entry into force of the
reservations made by states to the 1948 Genocide Con- treaty unless a contrary intention is definitely expressed by
vention. After some 43 states had signed the Convention, the objecting state.
a dispute arose among the parties regarding certain reser- (c) An act expressing a state's consent to be
vations made by some of the states. The Secretary- bound by the treaty and containing a reservation is effec-
General asked the General Assembly for guidance, and tive as soon as at least one other contracting state has ac-
this body referred the matter to the I.C.J. The Court cepted the reservation.
declared that ". . . a State which has made and maintained
d. Article 21 provides that a reservation established in
a reservation which has been objected to by one or more
accordance with Articles 19 and 20 modifies the provi-
of the parties to the Convention, but not by others, can be sions of the treaty to which the reservation relates as be-
regarded asbeiia party to the Convention if the reserva-
tween the reserving state and other parties. It does not
tion is compatible with the object and purpose of the Con- modifL the provisions of the treaty for the other parties to
vention. "(Emphasis added.) It further stated that ". . . ifa the treaty between themselves. When an objecting state
party to the Convention objects to a reservation which is does not oppose the entry into force of a treaty between it-
considered to be incompatible with the object and purpose self and the reserving state, the provisions to which the
of the Convention, it can in fact consider that the reserv-
reservation relates do not apply to the extent of the reser-
vation as between the two states. It is not expressly stated
62. Restatement, Second, Foreign Relations Law of the United in the Convention whether an objecting state may declare
States, 5 126 (1965) [hereinafter cited as Restatement, Second.
63. I. Brownlie, Principles of Public Inrer~tional Law (1966).
64. Reservations to Multilateral Conventions, Report of the Secre- 6s. Advisory Opinion on Reservations to the Convention on
tary-General, U.N. Doc. -4,11372, p. 11 (1950). Genocide, (19511 I.C.J. 15.