Примеры использования Reservation is prohibited на Английском языке и их переводы на Русский язык
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The reservation is prohibited by the treaty;
Formulation of a unilateral statement when a reservation is prohibited.
The reservation is prohibited by the treaty;
Draft guideline 1.3.3 Formulation of a unilateral statement when a reservation is prohibited.
A reservation is prohibited by the treaty if it contains a provision.
This provision spells out the cases in which a reservation is prohibited either expressly or implicity(B), before stating.
A reservation is prohibited by the treaty if it contains a particular provision.
In footnote 182, after the word"treaty", underline the words"or it is otherwise established that the negotiating States andnegotiating organizations were agreed that the reservation is prohibited.
Subparagraphs(a) and(b) envisage the situations in which a reservation is prohibited by the treaty, either expressly or impliedly, whereas subparagraph(c) concerns the cases in which a reservation is precluded despite the silence of the treaty.
The reactions of Sweden to reservations judged invalid frequently contain this statement, regardless of whether the reservation is prohibited by the treaty, was formulated late or is. .
The addition made it clear that a reservation was possible"unless(a) the reservation is prohibited by the treaty or it is otherwise established that the negotiating States andnegotiating organizations were agreed that the reservation is prohibited.
In 1968, during the first session of the Conference, the United States of America proposed to add, in the chapeau of future article 20, paragraph 4,after"[i]n cases not falling under the preceding paragraphs", the following specification:"and unless the reservation is prohibited by virtue of article 16 future article 19.
Such is also the case when a State or an international organization, without drawing any express inference,states that a reservation is"prohibited by the treaty","entirely void" or simply"incompatible with the object and purpose" of the treaty, which is extremely frequent.
Furthermore, in order to determine the character/status of such unilateral statement, Malaysia is of the opinion that States could possibly fall back on guidelines 1.3.1, 1.3.2 and 1.3.3, which deal with"Method of implementation of the distinction between reservations and interpretative declarations","Phrasing andname" and"Formulation of a unilateral statement when a reservation is prohibited.
The reactions of Sweden to reservations judged invalid frequently contain this statement, regardless of whether the reservation is prohibited by the treaty, was formulated late or is incompatible with the object and purpose of the treaty.
In such situations,declarations made in respect of provisions to which any reservation is prohibited must be considered to constitute interpretative declarations.“This would comply with the presumption that a State would intend to perform an act permitted, rather than one prohibited, by a treaty and protect the State from the possibility that the impermissible reservation would have the effect of invalidating the entire act of acceptance of the treaty to which the declaration was attached.” D. W. Greig, op. cit., p. 25.
Guideline 1.1.6 on statements purporting to discharge an obligation by equivalent means andguideline 1.3.3 on formulation of a unilateral statement when a reservation is prohibited seemed to add further elements to a treaty and should be subsumed under draft guideline 1.4.2.
It seems to the Commission that, in such situations,statements made in respect of provisions to which any reservation is prohibited must be deemed to constitute interpretative declarations."This would comply with the presumption that a State would intend to perform an act permitted, rather than one prohibited, by a treaty and protect the State from the possibility that the impermissible reservation would have the effect of invalidating the entire act of acceptance of the treaty to which the declaration was attached.
It alters the latter's nature, emptying it of its substance, so that it is difficult to consider that the reserving State was really a party to the treaty. Notwithstanding the point made in the preceding note,the situation may be different if a reservation is prohibited by the treaty- because of a reservations clause- but yet cannot be regarded as contrary to the object and purpose of the Treaty.
Guideline 1.3 included key provisions of which the most important was guideline 1.3.3(Formulation of a unilateral statement when a reservation is prohibited), because for a State the practice of formulating a unilateral statement when a treaty explicitly did not permit reservations created difficulties of both a theoretical and a practical nature.
According to article 19 of the Vienna Convention on the Law of Treaties,States may not make a reservation to a treaty when such a reservation is prohibited by the treaty; or when the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or if, in any other case, the reservation is incompatible with the object and purpose of the treaty.
It should be pointed out that guideline 3.1 establishes three specific conditions limiting the scope of the"permissibility of a reservation":(a) The reservation is prohibited by the treaty;(b) The treaty provides that only specified reservations, which do not include the reservation in question, may be made; or(c) In cases not falling under subparagraphs(a) and(b), the reservation is incompatible with the object and purpose of the treaty.
Ii Phrasing and name;interpretative declarations where reservations are prohibited.
However, discussion focused on subparagraph(c), according to which a reservation was prohibited if it was"incompatible with the object and purpose of the treaty.
Draft guideline 1.3.3 focused on the particular case of the formulation of a unilateral statement when a reservation was prohibited.
No one denies that some reservations are prohibited; and this is, furthermore, most clearly evident from the provisions of article 19 of the 1969 and 1986 Vienna Conventions.
The Special Rapporteur was convinced that such reservations were prohibited only if one acknowledged that jus cogens produced its effect outside the confines of articles 53 and 64 of the Vienna Conventions.
In other words, if a treaty permitted only specified reservations, it was clear that other reservations were prohibited.
Furthermore, if a treaty permitted only certain reservations, it was clear that other reservations were prohibited.
An objection could produce at least two kinds of effects:either the objecting party would declare that the reservation was prohibited under article 19 or the objection would produce the effects envisaged in articles 20 and 21.