Примеры использования Invalid reservation на Английском языке и их переводы на Русский язык
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Reactions to an invalid reservation.
An invalid reservation was null and void.
Nullity of an invalid reservation 509.
An invalid reservation should therefore be considered null and void.
Consequences of an invalid reservation 502.
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An invalid reservation should therefore be considered null and void.
Draft guideline 4.5.3 Reactions to an invalid reservation.
An invalid reservation should be considered null and void.
Guideline 4.5.3 dealt with reactions to an invalid reservation.
Ii To decide that the invalid reservation taints the whole ratification.
However, such a reaction would not amount to an actual objection, because an invalid reservation was devoid of legal effects.
Hence, a reaction to an invalid reservation would also not have any direct legal effects.
Her delegation urged caution about proposing a role for the depositary of a treaty in reviewing manifestly invalid reservation.
The problem lay in determining whether or not the invalid reservation was severable from consent to be bound by the treaty.
Guideline 4.5.2 contained the rebuttable presumption that a treaty applied in full to the author of an invalid reservation.
Pursuant to that doctrine a State that had made an invalid reservation would be considered to be fully bound by the treaty.
His delegation took the view that the entire treaty applied,including those provisions on which the State had made the invalid reservation.
Pursuant to that doctrine, a State that had made an invalid reservation would be considered to be fully bound by the treaty.
If a State had made an invalid reservation, and its invalidity had been brought to the attention of the reserving State, then the State could not rely upon it.
A number of delegations expressed support for draft guideline 4.5.1 according to which an invalid reservation was null and void, and therefore devoid of legal effect.
It was observed that an invalid reservation could not be null and void, because such a reservation could produce effects in certain situations.
In light of this general agreement,the Commission considers that the principle that an invalid reservation has no legal effect is part of positive law.
New Zealand does not believe that an invalid reservation can become permissible simply because no contracting State or organization has recorded an objection to it.
Moreover, she failed to understand why there was a need for a provision on the collective acceptance of an invalid reservation, particularly since it was highly unlikely it would ever be implemented.
Yet in justifying why the same invalid reservation may be"deemed" permissible after a second depositary notice, the commentary favourably cites the same factors.
Guideline 4.5.3, which considered that the absence of a reaction by the other contracting States to an invalid reservation did not affect its invalidity, was also fully acceptable to her delegation.
While the assumption existed that an invalid reservation could not have the same effects as a valid reservation, there was no consistent position as to how such effects should be handled.
The question, however,was whether a ratification accompanied by an invalid reservation remained standing, or whether the entire treaty applied to the State concerned.
Indeed, an incompatible or invalid reservation should be considered null and void and the reserving State should continue to be bound by the treaty in its entirety without the benefit of the reservation. .
In the previous formulation of that guideline, the presumption had been that a State formulating an invalid reservation would nevertheless become a party to a treaty without the benefit of the reservation. .