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AG/RES.
888 (XVII-O/87)
STANDARDS ON RESERVATIONS TO INTER-AMERICAN MULTILATERAL
TREATIES AND RULES FOR THE GENERAL SECRETARIAT AS DEPOSITARY
OF TREATIES
(Resolution adopted at the tenth plenary session, held on
November 14, 1987)
WHEREAS.
At its third regular session, the General Assembly approved
resolution AG/RES. 102 (III-0/73), "Standards on
Reservations to Inter-American Multilateral Treaties";
On the basis of the experience acquired since the
aforementioned resolution went into force, certain
amendments should be introduced with a view to improving
those standards;
The Inter-American Juridical Committee has submitted draft
amendments to those standards, drawing upon the Vienna
Convention on the Law of Treaties and the terms employed
therein;
The Inter-American Juridical Committee has also submitted
draft amendments to the Standards for the General
Secretariat as depositary of inter-American multilateral
treaties, approved by the General Assembly [AG/RES. 102
(III-0/73)]; and
The Permanent Council has examined and reviewed both drafts
and has submitted a report on the matter to the General
Assembly (AG/doc.2146/87),
THE GENERAL ASSEMBLY
RESOLVES:
1. To approve the following:
STANDARDS ON RESERVATIONS TO INTER-AMERICAN MULTILATERAL
TREATIES
Article I
Formulation of reservations
A
State may, when signing, ratifying, accepting, approving, or
acceding to a treaty, formulate a reservation unless:
a) the reservation is prohibited by the treaty;
b) the treaty provides that only specified reservations,
which do not include the reservation in question, may be
made; or
c) in cases not falling under subparagraphs a) and b), the
reservation is incompatible with the object and purpose of
the treaty.
Article II
Acceptance of and objection to reservations
1. A reservation expressly authorized by a treaty does not
require any subsequent acceptance by the other contracting
States unless the treaty so provides.
2. When it appears from the limited number of the
negotiating States and the object and purpose of a treaty
that the application of the treaty in its entirety between
all the parties is an essential condition of the consent of
each one to be bound by the treaty, a reservation requires
acceptance by all the parties.
3. When a treaty is a constituent instrument of an
inter-American specialized organization and unless it
otherwise provides, a reservation requires the acceptance of
the competent organ of that organization.
4. In cases not falling under the preceding paragraphs and
unless the treaty otherwise provides:
a) acceptance by another contracting State of a reservation
constitutes the reserving State a party to the treaty in
relation to that other State if or when the treaty is in
force for those States;
b) an objection by another contracting State to a
reservation does not preclude the entry into force of the
treaty as between the objecting and reserving States unless
a contrary intention is definitely expressed by the
objecting State;
c) an act expressing a State's consent to be bound by the
treaty and containing a reservation is effective as soon as
at least one other contracting State has accepted the
reservation.
5. For the purposes of paragraphs 2 and 4 and unless the
treaty otherwise provides, a reservation is considered to
have been accepted by a State if it shall have raised no
objection to the reservation by the end of a period of
twelve months after it was notified of the reservation or by
the date on which it expressed its consent to be bound by
the treaty, whichever is later.
Article III
Legal effects of reservations and of objections to
reservations
1. A reservation established with regard to another party
in accordance with articles I-, II, and V:
a) modifies for the reserving State in its relations with
that other party the provisions of the treaty to which the
reservation relates to the extent of the reservation; and
b) modifies those provisions to the same extent for that
other party in its relations with the reserving State.
2. The reservation does not modify the provisions of the
treaty for the other parties to the treaty inter se.
3. When a State objecting to a reservation has not opposed
the entry into force of the treaty between itself and the
reserving State, the provisions to which the reservation
relates do not apply as between the two States to the extent
of the reservation.
Article IV
Withdrawal of reservations and of objections to reservations
1. Unless the treaty otherwise provides, a reservation may
be withdrawn at any time and the consent of a State which
has accepted the reservation is not required for its
withdrawal.
2. Unless the treaty otherwise provides, an objection to a
reservation may be withdrawn at any time. 3. Unless the
treaty otherwise provides, or it is otherwise agreed:
a) the withdrawal of a reservation becomes operative in
relation to another contracting State only when notice of it
has been received by that State;
b) the withdrawal of an objection to a reservation becomes
operative only when notice of it has been received by the
State which formulated the reservation.
Article V
Procedure regarding reservations
1. A reservation, an express acceptance of a reservation,
and an objection to a reservation must be formulated in
writing and communicated to the contracting States and other
States entitled to become parties to the Treaty.
2. If formulated when signing a treaty subject to
ratification, acceptance, or approval, a reservation must be
formally confirmed by the reserving State when expressing
its consent to be bound by the treaty. In such a case the
reservation shall be considered as having been made on the
date of its confirmation.
3. An express acceptance of, or an objection to, a
reservation made previously to confirmation of the
reservation does not itself require confirmation.
4. The withdrawal of a reservation or of an objection to a
reservation must be formulated in writing.
Article VI
The provisions of a treaty regulating reservations, in any
cases that arise necessarily before the entry into force of
the treaty concerned, apply from the time of the adoption of
its text.
2. To approve the following:
RULES FOR THE GENERAL SECRETARIAT AS DEPOSITARY OF TREATIES
Article I
Unless otherwise provided in the treaty or agreed by the
contracting States, the functions of the General Secretariat
of the OAS as depositary of inter-American treaties and
agreements pursuant to Article 118.f of the Charter of the
OAS shall be to:
a) keep custody of the original text of the treaty and of
any full powers delivered to the depositary;
b) prepare certified copies of the original text and prepare
any further text of the treaty in such additional languages
as may be required by the treaty and transmit them to the
parties thereto, to the member States of the Organization,
and to nonmember States that have signed or acceded to the
treaty, or express an intention to do so;
c) receive any signatures to the treaty and receive and keep
custody of any instruments, notifications, and
communications relating to it;
d) examine whether the signature or any instrument,
notification, or communication relating to the treaty is in
due and proper form and, if need be, bring the matter to the
attention of the State in question;e) inform the parties,
the member States of the Organization, and the States
entitled to become parties of acts, notifications, and
communications relating to the treaty;
f) inform the member States of the Organization and the
States entitled to become parties to the treaty when the
number of signatures or -of instruments of ratification,
acceptance, approval, or accession required for the entry
into force of the treaty has been received or deposited;
g) register the treaty with the Secretariat of the United
Nations;
h) perform the functions specified in the respective treaty;
i)
perform its functions as depositary of documents received
from States that contain reservations or objections to said
reservations, without expressing its opinion as to the legal
e effects of the instruments, and communicate their texts to
all the States concerned, allowing the latter to infer the
legal consequences of those documents.
Article II
In the event of any difference appearing between a State and
the depositary as to the performance of the latter's
functions, the depositary shall bring the question to the
attention of the signatory States and the contracting States
or, where appropriate, of the competent organ of the
Organization or of the Inter-American Specialized
Organization concerned. |
