Примеры использования Reactions to interpretative declarations на Английском языке и их переводы на Русский язык
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Reactions to interpretative declarations.
Conclusions regarding reactions to interpretative declarations.
At the present session, the Commission had before it the thirteenth report of the Special Rapporteur(A/CN.4/600) on reactions to interpretative declarations.
The formulation of acceptances and reactions to interpretative declarations are then examined.
Concerning reactions to interpretative declarations, further clarification was sought, in the commentary to draft guideline 2.9.1, of the term"approval.
In a study on unilateral statements, Rosario Sapienza also underlined the importance of reactions to interpretative declarations, which.
With respect to time frames, reactions to interpretative declarations may in principle be formulated at any time.
Chapter IV: Formulation and withdrawal of acceptances of and objections to reservations and of reactions to interpretative declarations"reservations dialogue.
Generally speaking, reactions to interpretative declarations could not be straitjacketed in formal or substantive rules.
The Special Rapporteur also pointed out that, like objections to reservations, which were more frequent thancases of express acceptance, negative reactions to interpretative declarations were more frequent than expressions of approval.
Generally speaking, reactions to interpretative declarations cannot be straitjacketed in formal or substantive rules.
Recalling the advisory opinion given by the International Court of Justice on the International status of South-West Africa,the Special Rapporteur emphasized that reactions to interpretative declarations were intended to produce legal effects.
Guideline 3.6 established that reactions to interpretative declarations were not subject to any conditions for permissibility.
In view of these considerations, a draft guideline 2.9.1 worded as follows could be placed at the beginning of section 2.9(Formulation of reactions to interpretative declarations) to define the expression"approval of an interpretative declaration. .
Draft guideline 3.6 stated that reactions to interpretative declarations(approval, opposition or reclassification) were not subject to any conditions for"substantive validity.
Some doubts were raised about the usefulness of the guidelines dealing with so-called approvals of oroppositions to interpretative declarations since such reactions to interpretative declarations did not appear to be common practice.
Several members applauded the division of possible reactions to interpretative declarations into several categories, and the choice of terms used to distinguish them from reactions to reservations.
The Vienna Conventions on the law of treaties make no reference to interpretative declarations-- which were touched upon only briefly in the travaux préparatoires for those texts-- and thus say nothing about reactions to interpretative declarations, the forms they may take, the procedure for formulating them or their effects.
It appears that practice with respect to positive reactions to interpretative declarations is virtually non-existent, as if States considered it prudent not to expressly approve an interpretation given by another party.
The Special Rapporteur, who had hoped to dispose of these procedural issues in his fifth report, had planned to deal in two separate chapters with the formulation, modification and withdrawal of reservations and with the formulation and withdrawal of acceptances of andobjections to reservations and of reactions to interpretative declarations.
Regarding draft guideline 3.6, Malaysia considered that reactions to interpretative declarations should not be subjected to conditions of permissibility: States should be able to maintain their freedom to express their views.
In connection with the topic"Reservations to treaties", the Commission considered the fourteenth report of the Special Rapporteur(A/CN.4/614 and Add.1) dealing, in particular, with outstanding issues relating to the procedure for the formulation of interpretative declarations, and with the permissibility of reactions to reservations,interpretative declarations and reactions to interpretative declarations.
The Commission also considered the thirteenth report of the Special Rapporteur(A/CN.4/600) on reactions to interpretative declarations and referred to the Drafting Committee 10 draft guidelines on reactions to interpretative declarations.
Mr. Vargas Carreño(Chairman of the International Law Commission), introducing chapters VI, VII and VIII of the Commission's reporton its sixtieth session(A/63/10), said that in the case of chapter VI, on the topic"Reservations to treaties", the Commission had considered the thirteenth report of the Special Rapporteur(A/CN.4/600) on reactions to interpretative declarations, and 10 draft guidelines on the issue had been referred to the Drafting Committee.
This essential difference makes it justifiable, and indeed necessary,for the rules governing reactions to interpretative declarations to be more than a mere copy of the Vienna Conventions' rules on acceptance of and objection to reservations see section A below.
While reactions to interpretative declarations differ considerably from acceptances of or objections to reservations, it seems appropriate to ensure, to the extent possible, that such reactions are publicized widely, on the understanding that States and international organizations have no legal obligation in this regard but that any legal effects which they may expect to arise from such reactions will depend in large part on how widely they disseminate those reactions. .
The proposed categories of reactions were too restrictive and did not take into account,for example, reactions to interpretative declarations that were positive but not intended to express agreement, or negative but did not reject the interpretation or propose a concrete alternative.
While reactions to interpretative declarations differ considerably from acceptances of or objections to reservations, it seems appropriate to ensure, to the extent possible, that such reactions are publicized widely, on the understanding that States and international organizations have no legal obligation in this regard but that any legal effects that they may expect to arise from such reactions will depend in large part on how widely they disseminate those reactions. .
Owing to the exclusion of interpretative declarations from the Vienna Conventions,articles 19 to 23 of those texts do not apply to reactions to interpretative declarations, according to the positions taken in the vast majority of cases in the literature, which stress the difference between the legal regimes applicable in this respect to reservations, on the one hand, and interpretative declarations, on the other.
Interpretation occurs throughout the life of the treaty, andthere does not seem to be any reason why reactions to interpretative declarations should be confined to any specific time frame when the declarations themselves are not, as a general rule(and if the treaty does not otherwise provide), subject to any particular time frame.