Примеры использования Interpretative declaration may на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Unless the treaty otherwise provides, an interpretative declaration may be modified at any time.
An interpretative declaration may be withdrawn at any time by the authorities competent for that purpose, following the same procedure applicable to its formulation.
Without prejudice to the provisions of guidelines 1.2.1, 2.4.6 and 2.4.7, an interpretative declaration may be formulated at any time.
An interpretative declaration may be withdrawn at any time, following the same procedure applicable to its formulation, by the authorities competent for that purpose.
This silence should not lead one to conclude, however, that an interpretative declaration may in all cases be formulated at any time.
An interpretative declaration may be withdrawn at any time by an authority considered as representing the State or international organization for that purpose, following the same procedure applicable to its formulation.
Without prejudice to the provisions of guidelines 1.2.1, 2.4.6[2.4.7], and 2.4.7[2.4.8], an interpretative declaration may be formulated at any time.
Unless the treaty provides that an interpretative declaration may be made or modified only at specified times, an interpretative declaration may be modified at any time.
In either case,it must be borne in mind that according to guideline 2.4.4,"without prejudice to the provisions of guidelines 1.4 and 2.4.7, an interpretative declaration may be formulated at any time.
An interpretative declaration may serve to elucidate the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose in accordance with the general rule of interpretation of treaties.
It results from guideline 1.2, which defines interpretative declarations independently of any time element,that a"simple" interpretative declaration may, unlike a reservation(and a conditional interpretative declaration), be formulated at any time.
Unless the treaty provides otherwise, an interpretative declaration may be withdrawn at any time following the same procedure as is used in its formulation and applied by the authorities competent for that purpose in conformity with the provisions of guidelines 2.4.1 and 2.4.2.
Thus, in light of its transposition to interpretative declarations, the wording of draft guideline 3.3 could be simplified andmight simply state that the treaty-based prohibition on formulating an interpretative declaration may be express or implicit as, for example, in the case of a treaty that permits interpretative declarations to only some of its provisions.
Malaysia notes that by virtue of draft guideline 2.4.3, since an interpretative declaration may be formulated at any time, it follows that the modification thereof should also be allowed to be made at any time unless the treaty itself specifies the time for formulation and modification of an interpretative declaration. .
Where a treaty provides that an interpretative declaration may be made only at specified times, a State or an international organization may not formulate an interpretative declaration concerning that treaty subsequently except if none of the other Contracting Parties objects to the late formulation of the interpretative declaration. .
Firstly, this could be an opportunity to recall that a simple interpretative declaration may in principle be formulated at any time-- which none of the draft guidelines adopted so far currently do, other than draft guideline 1.2, which does so by omission, since it does not introduce any time element into the definition of interpretative declarations.
Where a treaty provides that an interpretative declaration may be made[or modified] only at specified times, a State or an international organization may not formulate or modify an interpretative declaration concerning that treaty subsequently except if none of the other contracting Parties objects to the late formulation or modification of the interpretative declaration. .
Where a treaty provides that an interpretative declaration may be formulated only at specified times, a State or an international organization may not formulate an interpretative declaration concerning that treaty subsequently, unless none of the other contracting States and contracting organizations objects to the late formulation of the interpretative declaration. .
It follows that a"simple" interpretative declaration may be modified at any time, subject to provisions to the contrary contained in the treaty itself, which may limit the possibility of making such declarations in time, or in the case which is fairly unlikely, but which cannot be ruled out in principle, where the treaty expressly limits the possibility of modifying interpretative declarations. .
The report indicates in particular that a"simple" interpretative declaration may be formulated at any time, unless otherwise stipulated by the treaty that it concerns, whereas a conditional interpretative declaration may be formulated only when signing or when expressing consent to be bound, since by definition it makes participation in the treaty by the declarant State or international organization subject to certain conditions.
Although the moment at which a reservation or a conditional interpretative declaration may be formulated is mentioned in their definitions, it is necessary to come back to it: first of all, simply listing the"cases in which a reservation may be formulated", to use the title chosen by the Commission for draft guideline 1.1.2, does not solve all the problems raised in this regard; secondly, the Vienna Conventions themselves address the issue in several places.
More specificity was required in draft guideline 2.9.9 in order toclarify when silence in response to an interpretative declaration might be equated with acquiescence.
Opposition to an interpretative declaration might either restrict or exclude the intended legal consequences of the declaration. .
Like reservations, interpretative declarations may be formulated jointly by two or more States or international organizations.
As concerns the outer requisites and their formal appearance, interpretative declarations may not be distinguished frcm reservations.
Her delegation was concerned that conditional interpretative declarations might create legal effects similar to those of reservations.
It was further stated that detailed provisions on interpretative declarations might undermine their role and create practical problems.
It was appropriate to deal with interpretative declarations in conjunction with reservations to treaties, since there were links between them:for example, interpretative declarations might be disguised reservations.
With regard to guideline 3.5(Permissibility of an interpretative declaration), according to which an interpretative declaration might be formulated unless it was prohibited by the treaty, the condition should apply only with respect to specifically expressed prohibitions.
Since interpretative declarations may be made at any time, save in exceptional cases, it would be illogical and paradoxical to require that they should be confirmed when a State or an international organization expressed its consent to be bound by the treaty.