Reservations and Conditions: Statute, Article 36 (3)
(3,214 words)

paragraph 200 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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Before discussing what are commonly designated as ‘reservations’ in declarations made under Article 36, paragraph 2, of the Statute, it is necessary to draw attention to the fact that these reservations have nothing in common with reservations encountered in multilateral treaties and which are today regulated by Articles 19 to 23 of the Vienna Convention on the Law of Treaties of 1969.1 The most authoritative meaning of the term ‘reservation’ in the law of treaties i…

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Malcolm N. Shaw, “Reservations and Conditions: Statute, Article 36 (3)”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 26 June 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0200>
First published online: 2017
First print edition: 20161001



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