Примеры использования Interpretative instrument на Английском языке и их переводы на Русский язык
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Form of interpretative instrument 65-69 18.
It has become a complex,technical and, in some ways, interpretative instrument.
Interpretative instrument regarding article II(2) of the New York Convention 60-77 15.
The text of the preliminary draft interpretative instrument as considered by the Working Group was as follows.
Interpretative instrument regarding Article II(2) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards III.
The Working Group also discussed a draft interpretative instrument regarding article II(2) of the New York Convention ibid., paras. 25-26.
Over the years, the annual resolution on oceans and the law of the sea has become a complex,technical and, in some ways, an interpretative instrument.
III. Interpretative instrument regarding article II(2) of the New York Convention.
At its thirty-fifth session(New York, 17-28 June 2002),the Commission noted that the Working Group had discussed a draft interpretative instrument regarding article II, paragraph(2), of the New York Convention.
As the draft convention was an interpretative instrument he wondered whether there was any need to include draft article 3.
The Commission noted that the Working Group could not, at that stage,reach a consensus on whether to prepare an amending protocol or an interpretative instrument to the New York Convention.
It was observed that pursuing the interpretative instrument and the amendment to the Model Law on Arbitration at the same time would likely prove a more effective means of achieving of the desired objective.
Lastly, he cautioned against drawing analogies with the Sales Convention,since the draft convention was an interpretative instrument and there was nothing to fear from breaking the mould established by previous conventions.
It was said that an interpretative instrument of the type being contemplated would have no binding legal effect in international law and was therefore unlikely to be followed by those charged with interpretation of the New York Convention.
Mr. de Medeiros(Brazil) said that his delegation also supported the suggestion of the Rapporteur,because the term"interpretative instrument" was a little too strong, and its use might deter certain countries from ratifying the conventions of the Commission.
The Working Group also noted a proposal by France that the Commission should prepare an international treaty allowing for electronic equivalents of writing, signatures anddocuments in international trade and not merely an interpretative instrument A/CN.9/WG. IV/WP.93.
Mr. Sekolec(Secretary of the Commission)suggested that the term"interpretative instrument" should be replaced by the word"recommendation" in both instances in paragraph 2 and by the word"document" in paragraphs 3 and 4.
The Working Group recalled that it had considered, at its thirty-sixth session(New York, 4-8 March 2002), a draft model legislative provision revising article 7 of the Arbitration Model Law andhad discussed a draft interpretative instrument regarding article II, paragraph(2), of the New York Convention.
Ms. Power(Australia) wondered whether,in paragraph 2, the term"interpretative instrument" might be replaced by the words"recommendation in writing" in the first instance and by the word"writing" in the second instance.
With regard to the requirement of written form for the arbitration agreement, the Commission noted that the Working Group had considered the draft model legislative provision revising article 7, paragraph(2) of the Model Law on Arbitration(A/CN.9/WG. II/WP.118, para. 9) anddiscussed a draft interpretative instrument regarding article II(2) of the New York Convention paras. 25-26.
Having completed its consideration of the preliminary draft interpretative instrument, the Working Group turned its attention to other writing and form requirements in the New York Convention.
With regard to the requirement of written form for the arbitration agreement, the Commission noted that the Working Group had considered the draft model legislative provision revising article 7, paragraph 2, of the UNCITRAL Model Law on International Commercial Arbitration(see A/CN.9/WG. II/WP.113, paras. 13 and 14)and a draft interpretative instrument regarding article II, paragraph 2, of the New York Convention ibid., para. 16.
It was questioned whether a non-binding interpretative instrument would be of practical effect in achieving the objective of uniform interpretation of the New York Convention.
The Working Group acknowledged that it could not, at the present stage,reach a consensus on whether to prepare an amending protocol or an interpretative instrument to the New York Convention and that both options should be kept open for consideration by the Working Group or the Commission at a later stage.
Furthermore, it was suggested that if an interpretative instrument did not purport to modify or amend a multilateral instrument(which, even if it were possible within the terms of that international instrument, would require legislation), but merely suggested a particular interpretation, the question of form might be of less importance.
The Working Group acknowledged that it could not, at the present stage,reach a consensus on whether to prepare an amending protocol or an interpretative instrument to the New York Convention and that both options should be kept open for consideration by the Working Group or the Commission at a later stage.
Mr. Chan(Singapore) said that since the term"interpretative instrument" had been used by the Commission in the present context, both during the present session and in previous sessions, and since the term was also used in paragraphs 3 and 4 of the document, the suggested change might interrupt the flow of the ideas contained in the document and cause confusion vis-à-vis the records of previous meetings of the Commission.
Views were therefore expressed that it might not be appropriate to use an interpretative instrument to declare that article II, paragraph(2), of the New York Convention should be interpreted as having the meaning of the revised draft article 7 of the Arbitration Model Law.
The Working Group also discussed the preliminary draft interpretative instrument regarding article II(2) of the New York Convention(set forth in document A/CN.9/WG. II/WP.110 at paras. 27-51) and requested the Secretariat to prepare a revised draft of the instrument taking into account the discussion in the Working Group.
Comments to that effectcould be provided in the explanatory material, which was vital as an interpretative instrument that in future would enable the Commission to retrace the steps whereby it had reached the formulation of the new provisions and to offer guidance to those States that would be implementing them.