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The Effect of Reservations on the Entry Into Force of the American Convention (Arts. 74 and 75)*

Published online by Cambridge University Press:  27 February 2017

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Abstract

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 77 , Issue 3 , July 1983 , pp. 640 - 642
Copyright
Copyright © American Society of International Law 1983

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Footnotes

*

Case note prepared by Grant Hanessian of the International Human Rights Law Group, Washington, D.C.

References

1 Advisory Opinion No. OC-2/82, at 3 (Inter-Am. Ct. of Hum. Rights, Sept. 24, 1982), reprinted in 22 ILM 37, 38 (1983). For the text of the Commission’s request, see Annual Report of the Inter-American Court of Human Rights 1982, at 28–30, OEA/Ser.1/111.7, doc. 13 (1982). For the U.S. views on the Commission’s request, see 77 AJIL 137 (1983).

2 Article 75 provides: “This Convention shall be subject to reservations only in conformity with the provisions of the Vienna Convention on the Law of Treaties signed on May 23, 1969.”

3 Article 74 provides:

1. This Convention shall be open for signature and ratification by or adherence of any member state of the Organization of American States.

2. Ratification of or adherence to this Convention shall be made by the deposit of an instrument of ratification or adherence with the General Secretariat of the Organization of American States. As soon as eleven states have deposited their instruments of ratification or adherence, the Convention shall enter into force. With respect to any state that ratifies or adheres thereafter, the Convention shall enter into force on the date of the deposit of its instrument of ratification or adherence.

3. The Secretary General shall inform all member states of the Organization of the entry into force of the Convention.

4 For the text of Article 64, see supra p. 638 n.4.

5 Slip op. at 5, 22 ILM at 40.

6 Slip op. at 6, 22 ILM at 41.

7 Slip op. at 9, 22 ILM at 44.

8 Slip op. at 12, 22 ILM at 46.

9 Slip op. at 12, 22 ILM at 47. The Court noted similar descriptions of the purposes of the European Convention by the European Commission on Human Rights, Austria v. Italy, Application No. 7881/60, 4 Eur. Y.B. Hum. Rights 116, 140 (1960); and of the Convention on the Prevention and Punishment of the Crime of Genocide by the International Court of Justice in its Advisory Opinion on Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, 1951 ICJ Rep. 15.

10 Slip op. at 14, 22 ILM at 48.

11 Slip op. at 14, 22 ILM at 49.

12 Slip op. at 15, 22 ILM at 49.

13 Slip op. at 16, 22 ILM at 50.