ARTICLE–BY–ARTICLE ANALYSIS OF
ARTICLE XXII - RESERVATIONS


Article XXII states that the Articles of the Convention shall not be subject to reservations. The Article further states that the Annexes of the Convention shall not be subject to reservations incompatible with its object and purpose. Note that in allowing reservations to the Annexes of the Convention, Article XXII repeats the requirements of Article 19(c) of the Vienna Convention on the Law of Treaties, i.e. a State may form a reservation to a treaty unless the reservation is incompatible with the object and purpose of the treaty.

Article XXII is a compromise between those countries that desired no reservations to the Convention and the United States, which desired to preserve the rights of its executive and legislative branches to make reservations. The approach taken represents the view of most countries that basic obligations, which are contained in the Articles, should not be subject to reservations, but the detailed implementing measures, which are contained in the Annexes, might not be necessary or practical for all States Parties, and therefore reservations for them should be allowed, so long as they are not incompatible with the object and purpose of the Convention.


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