Примеры использования Reservations to multilateral на Английском языке и их переводы на Русский язык
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In his 1951 report on reservations to multilateral treaties, Brierly suggested the following provision.
It does not however believe that this is the central issue in the law and practice of reservations to multilateral conventions.
The law governing reservations to multilateral treaties was then undergoing an evolution which crystallized only in 1969 in Articles 19 to 23 of the Vienna Convention on the Law of Treaties.
But this is precisely the feature which distinguishes such“reservations” to bilateral treaties from reservations to multilateral treaties.
First, it discussed the part of the report dealing with the definition of reservations to multilateral treaties and the corresponding draft guidelines, which it referred to the Drafting Committee.
On 31 July 2003, the Committee held consultations with members of the International Law Commission on the issue of reservations to multilateral treaties.
Gubin, V.F.,"Reservations to multilateral treaties in the practice of developing States", works of the Patrice Lumumba University of Friendship among Peoples, Moscow, tome XX(Economics and law), fasc. 2(1967), pp. 85- 106 in Russian.
And the 1978 Convention on Succession of States in respect of Treaties explicitly contemplates only reservations to multilateral treaties.
According to the Vienna Convention on the Law of Treaties, reservations to multilateral treaties are allowed, providing that the reservation is compatible with the object and purpose of the treaty itself.
The study requested of the Commission in General Assembly resolution 478(V) was supposed to(and did)focus exclusively on“the question of reservations to multilateral conventions”.
It meant that States were entitled to formulate reservations to multilateral treaties to which they intended to become parties, subject to the conditions laid down in the corresponding treaty.
Mr. SCHEININ observed that the International Law Commission had adopted a resolution on reservations to multilateral treaties, including human rights treaties.
The modern law of reservations to multilateral treaties moreover owes its origin to the Advisory Opinion of the International Court of Justice of 28 May 1951 on Reservations to the Genocide Convention.
The report of the Special Rapporteur should take into account the fact that State practice in relation to the formulation of reservations to multilateral treaties, including human rights treaties.
It should not be forgotten that the modern law on reservations to multilateral treaties owed its origin to the advisory opinion of the International Court of Justice on reservations to the Genocide Convention.
The Committee correctly identifies articles 20 and 21 of the Vienna Convention on the Law of Treaties as containing the rules which, taken together,regulate the legal effect of reservations to multilateral treaties.
Consequently, his delegation supported the Commission's preliminary conclusions on reservations to multilateral treaties, in particular paragraphs 6 and 7 concerning monitoring bodies established under multilateral treaties.
Mr. Montecino Giralt(El Salvador) said that the legal construct of reservations to treaties presented complex problems that could not be artificially simplified,particularly in the case of reservations to multilateral treaties.
Historical summary of the question of reservations to multilateral conventions. A"fundamental change in the Commission's approach to reservations" was noted by Sir Ian Sinclair in The Vienna Convention on the Law of Treaties, Manchester W.P., 2nd ed., 1984, p. 58.
He assumed that in May 2003 the ILC secretariat would make available in the working languages a copy of the draft report on reservations to multilateral treaties, for which Mr. Alain Pellet was Special Rapporteur.
In the Special Rapporteur's view, the real legal question here is not whether ornot it is appropriate to authorize reservations to multilateral normative treaties, but whether, when contracting parties remain silent on the legal regime of reservations, the rules set out in the 1969 and 1986 Conventions can be adapted to any type of treaty, including"normative" treaties, including in the field of human rights.
At the 1994 session, three working groups were created to deal with:(a) the legal basis for the establishment of an international criminal court;(b) international crimes(article 19 of the draft articles on State responsibility);and(c) reservations to multilateral treaties.
It was his understanding that such a provision was not an invitation to fragment the unity of international law governing reservations to multilateral treaties, but rather a sensible recognition of the possibility of regional diversity in respect of the monitoring function.
When this referral was contested, the SecretaryGeneral, in a wellargued report, maintained that"this procedure conformed(1) to the terms of the IMCO Convention;(2) to the precedents in depositary practice where an organ or body was in a position to pass upon a reservation; and(3)to the views on this specific situation expressed by the General Assembly during its previous debates on reservations to multilateral conventions.
As indicated by the practice described above,despite some obvious points in common with reservations to multilateral treaties,“reservations” to bilateral treaties are different in one key respect: their intended and their actual effects.
LA 41 TR/221(23-1) The Legal Counsel of the United Nations presents his compliments to the Permanent Representatives to the United Nations and has the honour to communicate the following relating to the practice followed by the Secretary-General as depositary in respect of communications from States,which seek to modify their existing reservations to multilateral treaties deposited with the Secretary-General or which may be understood to seek to do so.
In the light of the practice described above it would appear that,despite some obvious points in common with reservations to multilateral treaties,"reservations" to bilateral treaties are different in one key respect: their intended and their actual effects.
As regards Preliminary Conclusion 12 allowing for the developing of specific rules and practices in the regional context,it was pointed out that such a provision should not be regarded as an invitation to fragment the unity of international law governing reservations to multilateral treaties or a differentiation from the Vienna regime but rather a sensible recognition of the possibility of regional diversity in respect of the monitoring function.
The Special Rapporteur had annexed to his report a draft resolution of the International Law Commission on reservations to multilateral normative treaties, including human rights treaties, which was addressed to the General Assembly for the purpose of drawing attention to and clarifying the legal aspects of the matter.
This position seems to be confirmed by a memorandum dated 4 April 2000 from the United Nations Legal Counsel,which describes"the practice followed by the Secretary-General as depositary in respect of communications from States which seek to modify their existing reservations to multilateral treaties deposited with the Secretary-General or which may be understood to seek to do so" and extends the length of time during which parties may object from 90 days to 12 months.