Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331734
Which of the statements below is true according to the modern approach on making reservations?
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If a party to the Convention objects to another party's reservation which it considers to be incompatible with the object and purpose of the Convention, it can consider that the reserving state is not a party to the Convention. |
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A state can make reservation even without the consent of all other contracting parties. |
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A State which has made and maintained a reservation that has been objected to by one or more of the parties to the Convention, can be regarded as being a party to the Convention even if the reservation is not compatible with the object and purpose of the Convention. |
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A treaty shall be in force between a state that has ratified it with reservations and another which may have already ratified and which does not accept such reservations. |
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A State which has made and maintained a reservation that has been objected to by one or more of the parties to the Convention can not be regarded as being a party to the Convention even if the reservation is compatible with the object and purpose of the Convention. |
The modern approach is based upon the ICJ’s advisory opinion in the Reservations to the Genocide Convention case (1951). According to this approach if a party to the Convention objects to a reservation which it considers to be incompatible with the object and purpose of the Convention, it can, in fact, consider that the reserving state is not a party to the Convention, and if a party accepts the reservation as being compatible with the object and purpose of the Convention, it can, in fact, consider that the reserving state is a party to the Convention.
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