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Article 36.Signature, ratification, acceptance,approval and accessionRolling text (A/AC.254/4)A. Negotiation textsFirst session: 19-29 January 1999“Article 26“Signature, ratification, accession and reservations“1. This Convention shall be open to all States for signature from [...] to [...],and thereafter at the Headquarters <strong>of</strong> the United Nations in New York until [...].“2. The present Convention is subject to ratification. Instruments <strong>of</strong> ratificationshall be deposited with the Secretary-General <strong>of</strong> the United Nations.“3. The Secretary-General <strong>of</strong> the United Nations shall receive and circulate toall States the text <strong>of</strong> reservations made by States Parties at the time <strong>of</strong> ratification,acceptance, approval or accession.“4. A reservation incompatible with the object and purpose <strong>of</strong> the presentConvention shall not be permitted. 1“5. Reservations may be withdrawn at any time by notification to that effectaddressed to the Secretary-General <strong>of</strong> the United Nations, who shall then inform allStates. Such notification shall take effect on the date on which it is received by theSecretary-General.“6. This Convention is subject to accession by any State. The instruments <strong>of</strong>accession shall be deposited with [the Secretary-General <strong>of</strong> the United Nations].”Second session: 8-12 March 1999Notes by the Secretariat1. Delegations based their comments on the text <strong>of</strong> article 26 <strong>of</strong> the revised draftconvention contained in <strong>document</strong> A/AC.254/4/Rev.1, which was the same as that containedin <strong>document</strong> A/AC.254/4.1It was suggested that paragraphs 3 to 5 were not appropriate. The observation was also made that in order to ensurethat reservations could not be made, an express provision to that effect was required. Otherwise, general international lawon treaties (and in particular the Vienna Convention on the <strong>La</strong>w <strong>of</strong> Treaties (United Nations, Treaty Series, vol. 1155, No.18232)) would nonetheless allow reservations to be made. Other delegations expressed their strong preference for an articlethat would specifically allow for reservations.291

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