reservations of treaties in international law

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Reservation allows states to have a way of consenting to those provisions which are beneficial to them and reject other provision of the treaty. 38 See Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 30 See Yearbook of the International Law Commission, 2001, vol. 28 See Yearbook of the International Law Commission, 2001, vol. Article 38(1) of the International Court of Justice’s statute identifies treaties as a source of law, along with general principles and customs. However, this restrictive approach to reservations was not accepted by the International Court of Justice in the Reservations to the Genocide Convention case. The Commission also had before it the memorandum submitted by the Secretariat, in 2009, on the question of reservations to treaties in the context of succession of States.58, The Commission considered and provisionally adopted the following draft guidelines:59 2.6.3 (Freedom to formulate objections), 2.6.4 (Freedom to oppose the entry into force of the treaty vis-à-vis the author of the reservation), 3.3.2 [3.3.3] (Effect of individual acceptance of an impermissible reservation), 3.3.3 [3.3.4] (Effect of collective acceptance of an impermissible reservation), 3.4.1 (Permissibility of the acceptance of a reservation), 3.4.2 (Permissibility of an objection to a reservation), 3.5 (Permissibility of an interpretative declaration), 3.5.1 (Permissibility of an interpretative declaration which is in fact a reservation), 3.5.2 (Conditions for the permissibility of a conditional interpretative declaration), 3.5.3 (Competence to assess the permissibility of a conditional interpretative declaration), 3.6 (Permissibility of reactions to interpretative declarations), 3.6.1 (Permissibility of approvals of interpretative declarations) and 3.6.2 (Permissibility of oppositions to interpretative declarations); 4.1 (Establishment of a reservation with regard to another State or organization), 4.1.1 (Establishment of a reservation expressly authorized by a treaty), 4.1.2 (Establishment of a reservation to a treaty which has to be applied in its entirety), 4.1.3 (Establishment of a reservation to a constituent instrument of an international organization), 4.2.1 (Status of the author of an established reservation), 4.2.2 (Effect of the establishment of a reservation on the entry into force of a treaty), 4.2.3 (Effect of the establishment of a reservation on the status of the author as a party to the treaty), 4.2.4 (Effect of an established reservation on treaty relations), 4.2.5 (Non-reciprocal application of obligations to which a reservation relates), 4.3 (Effect of an objection to a valid reservation), 4.3.1 (Effect of an objection on the entry into force of the treaty as between the author of the objection and the author of a reservation), 4.3.2 (Entry into force of the treaty between the author of a reservation and the author of an objection), 4.3.3 (Non-entry into force of the treaty for the author of a reservation when unanimous acceptance is required), 4.3.4 (Non-entry into force of the treaty as between the author of a reservation and the author of an objection with maximum effect), 4.3.5 (Effect of an objection on treaty relations), 4.3.6 (Effect of an objection on provisions other than those to which the reservation relates), 4.3.7 (Right of the author of a valid reservation not to be compelled to comply with the treaty without the benefit of its reservation), 4.4.1 (Absence of effect on rights and obligations under another treaty), 4.4.2 (Absence of effect on rights and obligations under customary international law), 4.4.3 (Absence of effect on a peremptory norm of general international law (jus cogens)), 4.5.1 [3.3.2, later 4.5.1 and 4.5.2] (Nullity of an invalid reservation), 4.5.2 [4.5.3] (Status of the author of an invalid reservation in relation to the treaty), 4.5.3 [4.5.4] (Reactions to an invalid reservation), 4.6 (Absence of effect of a reservation on the relations between the other parties to the treaty), 4.7.1 [4.7 and 4.7.1] (Clarification of the terms of the treaty by an interpretative declaration), 4.7.2 (Effect of the modification or the withdrawal of an interpretative declaration in respect of its author) and 4.7.3 (Effect of an interpretative declaration approved by all the contracting States and contracting organizations); as well as the following draft guidelines on reservations, acceptances of and objections to reservations, and interpretative declarations in the case of succession of States: 5.1.1 [5.1] (Newly independent States), 5.1.2 [5.2] (Uniting or separation of States), 5.1.3 [5.3] (Irrelevance of certain reservations in cases involving a uniting of States), 5.1.4 (Establishment of new reservations formulated by a successor State), 5.1.5 [5.4] (Maintenance of the territorial scope of reservations formulated by the predecessor State), 5.1.6 [5.5] (Territorial scope of reservations in cases involving a uniting of States), 5.1.7 [5.6] (Territorial scope of reservations of the successor State in cases of succession involving part of a territory), 5.1.8 [5.7] (Timing of the effects of non-maintenance by a successor State of a reservation formulated by the predecessor State), 5.1.9 [5.9] (Late reservations formulated by a successor State), 5.2.1 [5.10] (Maintenance by the successor State of objections formulated by the predecessor State), 5.2.2 [5.11] (Irrelevance of certain objections in cases involving a uniting of States), 5.2.3 [5.12] (Maintenance of objections to reservations of the predecessor State), 5.2.4 [5.13] (Reservations of the predecessor State to which no objections have been made), 5.2.5 [5.14] (Capacity of a successor State to formulate objections to reservations), 5.2.6 [5.15] (Objections by a successor State other than a newly independent State in respect of which a treaty continues in force), 5.3.1 [5.16 bis] (Maintenance by a newly independent State of express acceptances formulated by the predecessor State), 5.3.2 [5.17] (Maintenance by a successor State other than a newly independent State of express acceptances formulated by the predecessor State), 5.3.3 [5.18] (Timing of the effects of non-maintenance by a successor State of an express acceptance formulated by the predecessor State), and 5.4.1 [5.19] (Interpretative declarations formulated by the predecessor State). 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