Примеры использования Extensive reservations на Английском языке и их переводы на Русский язык
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Vi"To exclude or modify"-"extensive" reservations.
The Commission would be grateful to have the comments and observations of States on those two guidelines,which concerned the problem of“extensive reservations”.
One further concern was the extensive reservations to the Convention.
When States ratified or acceded to human rights instruments,they should avoid making extensive reservations.
Mr. THORNBERRY noted that the document articulated the extensive reservations of the Fiji Government to the Convention.
The last two categories of reservations are at times lumped together under the term“extensive reservations”.
Consider reviewing and withdrawing the many and extensive reservations to the human rights treaties to which it is State party(Norway);
Modify" was the word used,hence the problem of extensive reservations.
Would constitute“extensive reservations” because the reserving State simply widens its rights(and not its obligations), increasing by the same token the obligations of its partners.
Only the last mentioned category of statement deserves the name“extensive reservations” stricto sensu.
The only difference between these extensive reservations and those under consideration here is that the former are formulated solely on the initiative of the author, while the latter are made under a treaty.
To this extent,"limitative" reservations-- i.e. the majority of reservations-- may appear to be"extensive reservations.
In ratifying the Convention, the Government had confirmed the unusually extensive reservations made by the Government of the United Kingdom with respect to articles 4, 5 and 15.
Certain reservations by which a State or an international organization intends to limit its obligations under the treaty have sometimes been presented as"extensive reservations.
Given the importance of the discussions on the existence andnature of“extensive reservations”, it would seem difficult to say nothing about the matter in the Guide to Practice.
Extensive reservations proper”, namely, statements whereby a State seeks to increase not its own obligations, but those of other States parties to the treaty to which they relate, See para. 213 above.
Ii To ratify the Optional Protocol to the InternationalCovenant on Civil and Political Rights and to reconsider its extensive reservations to the Covenant referred to by the Human Rights Committee(CCPR/C/79/Add.81, para. 14);
The elaboration of complicated definitions could be of merely theoretical interest and could even be counter-productive from a practical standpoint; that applied most particularly todraft guidelines 1.1.5 and 1.1.6 and to the attempt to define so-called“extensive” reservations.
In the past the situation had been different, andin cases of countries with extensive reservations, such as those that subordinated treaties to sharia law, the Committee had indeed commented on the validity of such reservations. .
Accordingly, it did not constitute a reservation, which would necessarily restrict the obligations under the treaty” because,as he stated categorically,“there are no‘extensive reservations'”. Pierre-Henri Imbert, op. cit., p. 15, emphasis added.
In addition, the Commission had to re-examine the draft guidelines on"extensive reservations" and new draft guideline 1.1.7, replacing the one on"statements of non-recognition" proposed by the Special Rapporteur in his third report.
On the topic of reservations to treaties, Australia agreed with the principle contained in draft guideline 1.1.5 that unilateral statements by which a State purported to increase its commitments orits rights in the context of a treaty beyond those stipulated by the treaty itself were not to be considered reservations for the purposes of the Vienna Convention.“Extensive” reservations were very rarely made, and while they might purport to“modify” a treaty provision, the essence of a“reservation” was to limit a State's obligations.
The error made by the authors who exclude“extensive reservations” from the general category of reservations stems from a mistaken basic assumption: they reason as though the treaty between the reserving State or international organization and its partners is necessarily in force, but that is not so.
The Nordic countries were, however, not convinced that too much work should be devoted to what had been labelled“extensive reservations”, as in the proposed guidelines 1.1.5 and 1.1.6, neither of which had been adopted by the Commission.
For example, Ruda defines“extensive reservations” as“declarations or statements purporting to enlarge the obligations included in the treaty”, and he includes“unilateral declarations whereby the State assumes obligations, without receiving anything in exchange, because the negotiations for the adoption of the treaty have already been closed”.“Reservations to treaties”, Recueil des cours… 1975-III, vol. 146, p. 107.
At most one can say that while some States felt in 1998 that the specific problem of"extensive reservations" ought to be taken up in order to remove any ambiguity, others found the question to be a theoretical one.
She reiterated the importance of studying the issue of extensive reservations and shared the view of the Special Rapporteur that, in the case of a unilateral obligation assumed by the author which went beyond that imposed by the treaty, such an extension should not be considered a reservation. .
On the other hand, in full agreement with the Special Rapporteur, the Commission decided to refer back to the Drafting Committee draft guidelines 1.1.5 and1.1.6 concerning"extensive reservations" since neither the wording proposed by the Special Rapporteur nor that proposed by the Committee itself seemed fully satisfactory.
Italy shared the view of the Special Rapporteur that so-called“extensive reservations” did not constitute reservations within the meaning of the Vienna definition, since their binding force could not be based on the treaty; the Italian Government had never had recourse to unilateral statements of that kind.
There is good reason for this. Moreover by focusing on the“legal effect of certain provisions of the treaty”,the danger of taking an overly categorical stance on the thorny issue of“extensive” reservations is avoided, but the same result is achieved: a reservation modifies not the provision to which it relates, but its legal effect, which, in most cases, takes the form of an obligation.