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Words: | Submitted: Mon Jun 19 2006
... allowed. In 1932 the Pan-American Union pushed for a different slant for treaties ratified with reservations as yet unaccepted with the following stipulations: 1) the treaty would be regarded as in force between original signatories without the reservations, 2) in force between Governments which ratified it with reservations and States which accepted the reservations, and 3) not in force between a Government which had ratified the treaty with reservations and one that had not (Harris 790). The restrictive approach to reservations was modified when states made reservations to the 1948 Genocide Convention which contained no clauses allowing such reservations (Shaw 644). The International Court of Justice's (ICJ's) Advisory Opinion on the Genocide case, in tune with the Pan-American Union's view, revolutionised the rules. The Court said that the goal of the Genocide Convention was to "protect individuals" not to " confer reciprocal rights on contracting states" (Malanczuk 136). Thus, the Court ...
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