Reservations to multilateral conventions

UN General Assembly, Reservations to multilateral conventions, A/RES/478, UN General Assembly, 16 November 1950, https://www.refworld.org/legal/resolution/unga/1950/en/10248 [accessed 14 June 2025]
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V. RESOLUTIONS ADOPTED ON THE REPORTS OF THE SIXTH COMMITTEE
478. Reservations to multilateral conventions

The General Assembly, Having examined the report[1] of the Secretary-General regarding reservations to multilateral conventions, Considering that certain reservations to the Convention[2] on the Prevention and Punishment of the Crime of Genocide have been objected to by some States, Considering that the International Law Commission is studying the whole subject of the law of treaties, including the question of reservations, [3] Considering that different views regarding reservations have been expressed during the fifth session of the General Assembly, and particularly in the Sixth Committee,[4]

1. Requests the International Court of justice to give an advisory opinion on the following questions:

"In so far as concerns the Convention on the Prevention and Punishment of the Crime of Genocide in the event of a State ratifying or acceding to the Convention subject to a reservation made either on ratification or on accession, or on signature followed by ratification:

"I. Can the reserving State be regarded as being a party to the Convention while still maintaining its reservation if the reservation is objected to by one or more of the parties to the Convention but not by others?

"II. If the answer to question I is in the affirmative,. what is the effect of the reservation as between the reserving State and:

"(a) The parties which object to the reservation?

"(b) Those which accept it?

"III. What would be the legal effect as regards the answer to question I if an objection to a reservation is made:

"(a) By a signatory which has not yet ratified?

"(b) By a State entitled to sign or accede but which has not yet done so?";

2. Invites the International Law Commission:

(a) In the course of its work on the codification of the law of treaties, to study the question of reservations to multilateral conventions both from the point of view of codification and from that of the progressive development of international law; to give priority to this study and to report thereon, especially as regards multilateral conventions of which the Secretary-General is the depositary, this report to be considered by the General Assembly at its sixth session;

(b) In connexion. with this study, to take account of all the views expressed during the fifth session of the General Assembly, and particularly in the Sixth Committee;

3. Instructs the Secretary-General, pending the rendering of the advisory opinion by the International Court of justice, the receipt of a report from the International Law Commission and further action by the General Assembly, to follow his prior practice with respect to the receipt of reservations to conventions and with respect to the notification and solicitation of approvals thereof, all without prejudice to the legal effect of objections to reservations to conventions as it may be recommended by the General Assembly at its sixth session.

305th plenary meeting,
16 November 1950.
[1] See Official Records of the General Assembly, Fifth Session, Sixth Committee, Annexes, Agenda item 56, document A/1372. [2] See resolution 260 A (III). [3] See Official Records of the General Assembly, Fifth Session, Supplement No. 12, paragraphs 160-164. [4] Ibid., Sixth Committee, 217th-225th meetings
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