View/save PDF version of this document - La Strada International

Part One. Article 36 293Colombia (A/AC.254/L.126)Paragraph 4Colombia proposed that the wording of paragraph 4 of article 26 should beamended to read as follows:“4. Reservations shall be subject to the provisions of the Vienna Conventionon the Law of Treaties of 1965.”Rolling text (A/AC.254/4/Rev.6)“Article 26“Signature, ratification, acceptance, approval, accession and reservations“1. This Convention shall be open to all States for signature from [...] to [...]and thereafter at United Nations Headquarters in New York until [...].“2. The present Convention is subject to ratification, acceptance or approval.Instruments of ratification, acceptance or approval shall be deposited with theSecretary-General of the United Nations.“Option 1“[3. No reservations may be made in respect of any provision of thisConvention.]“Option 2“[3. Reservations shall be subject to the provisions of the Vienna Conventionon the Law of Treaties of 1969.] 3“[4. The Secretary-General of the United Nations shall receive and circulate toall States the text of reservations made by States Parties at the time of ratification,acceptance, approval or accession.]“[5. Reservations may be withdrawn at any time by notification to that effectaddressed to the Secretary-General of the United Nations, who shall then inform allStates.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 ofaccession shall be deposited with the Secretary-General of the United Nations.”3At the sixth session of the Ad Hoc Committee, there was discussion as to whether reservations would be permitted.It was agreed that the issue of reservations could not be settled until the contents of the convention had been decided upon.The Ad Hoc Committee agreed to place the two options in the text in order to facilitate further consideration of this issue.Some delegations proposed that the possibility of a third option, according to which reservations would not be permittedfor certain articles of the convention, should be kept in mind. In the earlier versions of the draft convention (A/AC.254/4and Rev.1-5), a provision that was relevant to this possible option had been included as paragraph 4, namely: “A reservationincompatible with the object and purpose of the present Convention shall not be permitted.”