Примеры использования Objecting state на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
In that perspective, it was useful to know the intentions of the objecting State.
The objecting State should repeat its objection at the time of ratification.
In that perspective, it is useful to know the intentions of the objecting State.
The evaluation of the intention of the objecting State took place in a specific framework.
That intention was obviously to prevent any effects of a reservation from being opposable to the objecting State.
The evaluation of the intention of the objecting State takes place within a specific framework.
The definition of objections should include both elements,the legal effects of an objection and the intention of the objecting State.
However, the objecting State could not simply ignore the reservation and act as if it had never been formulated.
Rather, they could be likened to interpretative declarations,since they were an indication of the manner in which the objecting State interpreted the treaty.
It was felt that such a procedure would enable the objecting State to reserve its position without being bound by acquiescence.
The objecting State may, therefore, exclude all treaty relations between itself and the reserving State for any reason.
In such a case the objection should be effective only between the objecting State and the State which made the partial withdrawal of the reservation.
If the objecting State or organization expressed a different intention in a subsequent declaration, it would undermine its legal security.
Reservations and objections thereto created bilateral legal relations between the receiving and objecting State in respect of their obligations arising from the treaty.
Xiii In such a case, can the objecting State exclude the applicability of treaty provisions other than those covered by the reservation?
Seemingly on the basis of article 2, paragraph 1(d),of the Vienna Conventions, draft guideline 2.6.1 distinguished between two kinds of objection on the part of the objecting State.
The objecting State would thus notify the reserving State of its position in relation to the legal status of the reservation.
Imposing a requirement that the grounds for objections should be stated would be useful,since it would help the reserving State to better understand the wishes of the objecting State.
In other words, the objecting State accepts the reservation, but draws consequences from it that go beyond what the author of the reservation would have wanted.
In determining what treaty relationship, if any,would exist between the reserving State and the objecting State, the intention of both parties should be taken into account.
Yet the draft guideline stated that the objecting State or organization could"oppose the entry into force of the treaty" vis-à-vis the author of the reservation.
That was not the issue, since the effect of a reservation could only concern the applicability of the treaty orsome of its provisions as between the reserving State and the objecting State.
In some cases, the objecting State, however, objected to the treaty as a whole entering into force between itself and the reserving State. .
Communicating the grounds for objections, although the practical effect of such a rule was doubtful,would help the reserving State to better understand the wishes of the objecting State.
It demonstrated that the treaty provisions which the objecting State sought to modify often were closely related to the provisions to which the reservation applied.
Consequently, any objection to a reservation based on the argument that it was incompatible with the object andpurpose of the treaty should indicate that the objecting State considered the reserving State as not being a party to the treaty in question.
Under article 20, paragraph 4(b), an objecting State is always free to refuse to allow the treaty to enter into force as between itself and the reserving State; .
As a partial rejection modifies the content of the treaty in relation to the reserving State to an extent that exceeds the intended effect of the reservation, acceptance or acquiescence on the part of the reserving State appear to be necessary for a partial rejectionto take its effect; failing this, no relations under the treaty are established between the reserving State and an objecting State which partially rejects those relations.
If the objecting State does not find the presumption rebutted, both States would agree that they have a treaty relationship, but the scope of that relationship would be disputed.
The Special Rapporteur is also well aware that, through an objection,accompanied by a clearly worded refusal to be bound by the treaty with respect to the reserving State, an objecting State can prevent the entry into force of the treaty as between itself and the reserving State, in accordance with the provisions of paragraph 4(b) of article 20 of the Vienna Convention of 1969; Cf. statements by Mr. Yamada and Mr. Hafner, mentioned in note 119 above.