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Avis consultatif du 28 mai 1951 - Cour international de Justice

Avis consultatif du 28 mai 1951 - Cour international de Justice

Avis consultatif du 28 mai 1951 - Cour international de Justice

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it can in fact consi<strong>de</strong>r that the reserving State is a party to theConvention ;On Question III :by seven votes to five,(a) that an objection to a reservation ma<strong>de</strong> by a signatory Statewhich has not yet ratified the Convention can have the legal effectindicated in the reply to Question 1 only upon ratification. Untilthat moment it merely serves as a notice to the other State of theeventual attitu<strong>de</strong> of the signatory State ;(b) that an objection to a reservation ma<strong>de</strong> by a State which isentitled to sign or acce<strong>de</strong> but which has not yet done so, is withoutlegal effect.Done in French and English, the French text being authoritative,at the Peace Palace, The Hague, this twenty-eight day of May,one thousand nine hundred and fifty-one, in two copies, one ofwhich will be placed in the archives of the <strong>Cour</strong>t and the othertransmitted to the Secretary-General of the United Nations.(Signed) BASDEVANT,Presi<strong>de</strong>nt.(Signed) E. HAMBRO,Registrar.Vice-Presi<strong>de</strong>nt GUERRERO, Judges Sir Arnold RICNAIR, READand Hsu Mo, while agreeing that the <strong>Cour</strong>t has competence togive an Opinion, <strong>de</strong>clare that they are unable to concur in theOpinion of the <strong>Cour</strong>t and have availed themselves of the nghtconferred on them by Articles 57 and 68 of the Statute and appen<strong>de</strong>dto the Opinion the common statement of their dissenting opinion.Judge ALVAREZ, <strong>de</strong>claring that he is unable to concur in theOpinion of the <strong>Cour</strong>t, has availed himself of the right conferredon him by Articles 57 and 68 of the Statute and has appen<strong>de</strong>d tothe Opinion the statement of his dissenting opinion.(Initialled) J. B.(Initialled) E. H.

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