Примеры использования Is a reservation на Английском языке и их переводы на Русский язык
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Whether a statement is a reservation or not; and.
There would seem to be little point in dwelling on the first aspect:an interpretative declaration is just as much a unilateral declaration as is a reservation.
Improved: When there is a reservation on a table, the color of the table is changed too, for better visibility.
The Government of the Kingdom of the Netherlands considers that the declaration made by India regarding article 16, paragraph 2,of the Convention is a reservation incompatible with the object and purpose of the Convention art. 28, para. 2.
The Government of Sweden notes that the said reservation is a reservation of a general kind in respect of the provisions of the Convention which may be in conflict with the precepts of the Islamic Shariah.
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The Government of the Kingdom of the Netherlands considers that the declaration made by India regarding article 16, paragraph 2,of the Convention is a reservation incompatible with the object and purpose of the Convention article 28, para. 2.
If the objecting State concludes that the declaration is a reservation and/or incompatible with the object and purpose of the treaty, the objecting State may prevent the treaty from entering into force between itself and the reserving State.
The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco regarding article 15, paragraph 4,of the Convention is a reservation incompatible with the object and purpose of the Convention article 28, para. 2.
Not only is a reservation only"established" if certain procedural conditions-- admittedly, not very restrictive ones-- are met, but it must also comply with the substantive conditions set forth in the three subparagraphs of article 19 itself, as the word"unless" clearly demonstrates.
This will require a determination as to whether a unilateral statement is a reservation or an interpretative declaration and a determination of its acceptability and effects.
There exist in jurisprudence some formulas which imply that the objective test should be combined with the subjective test in order todetermine whether a text is a reservation or an interpretative declaration.
According to guidelines 2.3.1 and 2.3.2,a"late reservation"(that is, a reservation formulated after the expression of consent to be bound by that treaty) shall in principle be possible on the condition that no other contracting party objects to it within a period of 12 months.
The general rule making it possible to determine whether a unilateral statement formulated by a State oran international organization in respect of a treaty is a reservation or an interpretative declaration is set out in draft guideline 1.3.1.
Furthermore, the inclusion of general reservations in the category of reservations constitutes an indispensable prerequisite to assessing their validity under the rules relating to the legal regime governing reservations; an impermissible reservation(a) is still a reservation and(b) cannot be declared impermissible unless it is a reservation.
When a High Contracting Party receives notification of a ratification of a human rights treaty accompanied by reservations, that party has to characterize the statement,determine whether, if it is a reservation, it is compatible with the object and purpose of the treaty and decide what consequences should flow from its determination.
To determine whether a unilateral statement formulated by a State oran international organization in respect of a treaty is a reservation or an interpretative declaration, it is appropriate to interpret the statement in good faith in accordance with the ordinary meaning to be given to its terms, in the light of the treaty to which it refers.
The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco expressing the readiness of Morocco to apply the provisions of article 2 provided that they do not conflict with the provisions of the Islamic Shariah, is a reservation incompatible with the object and purpose of the Convention article 28, para. 2.
In exceptional circumstances it might be possible for a party to rely upon an estoppel against a State which attempts to argue that its statement is a reservation.[…] While this is a matter of interpretation rather than the application of equitable principles, it is in keeping with notions of fairness and good faith which underlie the treaty relations of States.
The Government of the Kingdom of Spain considers that theDeclaration made by the Government of the Islamic Republic of Pakistan, which seeks to subject the application of the provisions of the Covenant to the provisions of the constitution of the Islamic Republic of Pakistan is a reservation which seeks to limit the legal effects of the Covenant as it applies to the Islamic Republic of Pakistan.
To determine whether a unilateral statement formulated by a State or an international organization in respect of a treaty is a reservation or an interpretative declaration, the statement should be interpreted in good faith in accordance with the ordinary meaning to be given to its terms, with a view to identifying therefrom the intention of its author, in the light of the treaty to which it refers.
In exceptional circumstances it might be possible for a party to rely upon an estoppel against a State which attempts to argue that its statement is a reservation.[…] While this is a matter of interpretation rather than the application of equitable principles, it is in keeping with notions of fairness and good faith which underlie the treaty relations of States.” D. W.,“ Reservations: Equity as a balancing factor?”, Australian Yearbook of International Law 1995, pp. 27-28; see also p. 34.
In exceptional circumstances it might be possible for a party to rely upon an estoppel against a State which attempts to argue that its statement is a reservation.[…] While this is a matter of interpretation rather than the application of equitable principles, it is in keeping with notions of fairness and good faith which underlie the treaty relations of States”./ D.W. Greig,“ Reservations: Equity as a Balancing Factor?”. Australian Yearbook of International Law, 1995, pp. 27-28; see also p. 34.
It was a reservation-- a beautiful reservation.
If the content of a conditional interpretative declaration merely clarifies a provision's meaning,then it cannot be a reservation, regardless of whether it is conditional.
Moreover, since a"disguised reservation" was a reservation and not an interpretative declaration, the Commission should reflect further as to the appropriate place for such a provision in the Guide to Practice.
It would not mean that the statement was a reservation: the Syrian statement does not purport to have an effect on the treaty or its provisions.
In such circumstances,unless it was conclusively determined that the statement was a reservation, the conditions of permissibility under draft guidelines 3.5.1 and 3.5.2 should not be imposed.
It followed from the wording of the guideline that the unilateral statement aimed at excluding or modifying the legal effect of the treaty,made on the occasion of the notification of the expansion of the application of the treaty to the territory in question, was a reservation.
Mr. DIMITRIJEVIC considered that Mr. Pocar's question was an important one,insofar as the text later went on to state that the Committee must determine what in its opinion was a reservation and what was not.