Примеры использования Acceptance of an impermissible reservation на Английском языке и их переводы на Русский язык
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Acceptance of an impermissible reservation.
Draft guideline 3.3.3 Effect of collective acceptance of an impermissible reservation.
The express acceptance of an impermissible reservation is itself impermissible. .
This, in our view,limits the effect and hence the scope of the"collective acceptance of an impermissible reservation.
It was said that even general acceptance of an impermissible reservation would not make it permissible.
Guideline 3.4.1 addressed a first situation by stating the impermissibility of the express acceptance of an impermissible reservation.
Nor was it obvious that the acceptance of an impermissible reservation was itself impermissible and without effect.
Austria still has major concerns regarding guideline 3.3.3 on the effect of collective acceptance of an impermissible reservation.
It provides that the express acceptance of an impermissible reservation also cannot have any effect; it, too, is impermissible. .
In sum, his delegation was of the view that the absence of objections within 12 months should not be deemed acceptance of an impermissible reservation.
On the contrary, it would seem that express acceptance of an impermissible reservation cannot make the reservation permissible and is also impermissible. .
The suggestion was also made that in draft guideline 3.4, or the commentary thereto,it should be stated that acceptance of an impermissible reservation did not produce any legal effects.
Acceptance of an impermissible reservation by a contracting State or by a contracting organization shall not affect the impermissibility of the reservation. .
Thus the Commission had adopted the position that the acceptance of an impermissible reservation was devoid of legal effect.
Unilateral-- even express-- acceptance of an impermissible reservation has no effect as such on the effects produced by this nullity, which have been outlined in the preceding paragraphs of this report.
Guideline 3.4.1 in turn provides that the express acceptance of an impermissible reservation is itself impermissible. .
Consequently, neither the acceptance of an impermissible reservation(except in the specific case of unanimous or express acceptance) nor an objection to an impermissible reservation has any particular consequences with regard to the legal effects that the reservation does or does not produce.
Ms. Chanet said draft guideline 3.3.4(Effect of collective acceptance of an impermissible reservation) muddied the waters still further.
Individual-- even express-- acceptance of an impermissible reservation has no effect as such on the consequences of this nullity, which are specified in Part 4 of the Guide to Practice.
Moreover, it would seem odd to consider silence constituting tacit acceptance of an impermissible reservation as being itself impermissible. .
Guideline 3.3.3 establishes that acceptance of an impermissible reservation cannot have any effect either on the permissibility of the reservation or a fortiori on the legal consequences that flow from the impermissible reservation. .
That conclusion also followed from current guideline 3.3.3, according to which acceptance of an impermissible reservation did not affect the impermissibility of the reservation. .
Guidelines 3.3.2(Effect of individual acceptance of an impermissible reservation) and 3.3.3(Effect of collective acceptance of an impermissible reservation) are examined together in this paragraph because our comments relate to issues contained in both guidelines.
Although this statement in the literature may not be debatable as far as it goes, there is no need to conclude that acceptance of an impermissible reservation is in turn and ipso facto impermissible. .
While the Commission may believe that express acceptance of an impermissible reservation would fail to meet the requirements of article 41, it would be helpful to be able to understand the Commission's analysis in this regard.
Individual acceptance of the reservation by other States-- tacitly or express-- would and couldnot settle the matter, as acceptance of an impermissible reservation also is impermissible draft guideline 3.3.2.
Nevertheless, it is the Committee's view that the acceptance of an impermissible reservation under this guideline, in the absence of any deliberation, may limit the monitoring bodies' ability to carry out such assessments effectively.
Furthermore, in the light of draft guideline 3.3.3, doubts were raised as to the correctness of the assertion in draft guideline 3.4.1, that the express acceptance of an impermissible reservation was impermissible. .
This draft guideline shows very clearly that the explicit acceptance of an impermissible reservation cannot have any effect either; it, too, is impermissible. .
Several delegations welcomed the deletion of former guideline 3.3.3 on the effect of collective acceptance of an impermissible reservation, about which concerns had been expressed by several States.