article 66 of the Convention.
The Mongolian People's Republic declares that submission of any dispute concerning the application or the interpretation of articles 53 and 64 to the International Court of Justice for a decision as well as submission of any dispute concerning the application or the interpretation of any other articles in Part V of the Convention to a conciliation commission for consideration shall be subject to the consent of all the parties to the dispute in each separate case, and that the conciliators constituting the conciliation commission shall be appointed by the parties to the dispute by common consent.
2. The Mongolian People's Republic is not obligated by the provisions of article 45 (b) of the Vienna Convention on the Law of Treaties, since they are contrary to established international practice.
19. On 14 November 2001, the Secretary-General received from the Government of Austria the following communication:
"Austria has examined the reservation made by the Government of Peru at the time of its ratification of the Vienna Convention on the Law of Treaties, regarding the application of articles 11, 12 and 25 of the Convention.
The fact that Peru is making the application of the said articles subject to a general reservation referring to the contents of existing national legislation, in the absence of further clarification raises doubts as to the commitment of Peru to the object and purpose of the Convention. According to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. In Austria's view the reservation in question is therefore inadmissible to the extent that its application could negatively affect the compliance by Peru with its obligations under articles 11, 12 and 25 of the Convention.
For these reasons, Austria objects to the reservation made by the Government of Peru to the Vienna Convention on the Law of Treaties.
This objection shall not preclude the entry into force of the Convention in its entirety between Peru and Austria, without Peru benefiting from its reservation."
In this regard, the Secretary-General received, on 21 January 2002, from the Government of Peru the following communication:
[The Government of Peru refers to the communication made by the Government of Austria relating to the reservation made by Peru upon ratification]. In this document, Member States are informed of a communication from the Government of Austria stating its objection to the reservation entered in respect of the Vienna Convention on the Law of Treaties by the Government of Peru on 14 September 2000 when depositing the corresponding instrument of ratification.
As the [Secretariat] is aware, article 20, paragraph 5, of the Vienna Convention states that "a reservation is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of twelve months after it was notified of the reservation (...)". The ratification and reservation by Peru in respect of the Vienna Convention were communicated to Member States on 9 November 2000.
Since the communication from the Austrian Government was received by the Secretariat on 14 November 2001 and circulated to Member States on 28 November 2001, the Peruvian Mission is of the view that there is tacit acceptance on the part of the Austrian Government of the reservation entered by Peru, the 12-month period referred to in article 20, paragraph 5, of the Vienna Convention having elapsed without any objection being raised. The Peruvian Government considers the communication from the Austrian Government as being without legal effect, since it was not submitted in a timely manner.
20. On 24 February 1998, the Secretary-General received from the Government of Guate
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