Примеры использования Specified reservations на Английском языке и их переводы на Русский язык
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Specified reservations.
Definition of specified reservations 340.
Guideline 3.1.2 attempts to clarify what is meant by the term"specified reservations.
The term"specified reservations" was not as simple as it appeared.
On the other hand,"negotiated" reservations can also be regarded as specified reservations.
In other words, if a treaty permitted only specified reservations, it was clear that other reservations were prohibited.
On the other hand,"negotiated" reservations can also be regarded as specified reservations.
The treaty provides that only specified reservations, which do not include the reservation in question, may be made; or.
It was pointed out that it was not clear whether the term"certain reservations" also covered"specified reservations.
More often, the prohibition is partial and relates to one or more specified reservations or one or more categories of reservations. .
The definition of the term"specified reservations" proposed by the Special Rapporteur in draft guideline 3.1.2 was the best possible solution.
More often the prohibition was partial and related to one or more specified reservations or to one or more categories of reservations. .
If a treaty provided for specified reservations and hence there were no doubts concerning their permissibility, should a State making such a reservation also be obliged to consult with the monitoring body?
Some delegations argued for a more specific provision,which would allow specified reservations only or prohibit specified reservations.
As they expressly authorized by the treaty, specified reservations were automatically valid and were not subject to the test of compatibility with the object and purpose of the treaty.
The High Court is the Court of Original Jurisdiction for matters in relation to the allegations of contravention of the Constitution, except Section 1 which containsthe Fundamental Rights and Freedoms, and other specified reservations.
The distinction between reservation clauses of this type and those excluding specified reservations was made in Sir Humphrey Waldock's draft in 1962.
For the purposes of guideline 3.1, the expression"specified reservations" means reservations that are expressly envisaged in the treaty to certain provisions of the treaty or to the treaty as a whole with respect to certain specific aspects.
With respect to draft guidelines 3.1.3 and 3.1.4,her delegation agreed that"implicitly authorized reservations" and"permissible specified reservations" should also pass the test of compatibility with the object and purpose of a treaty.
For the purposes of guideline 3.1, the expression"specified reservations" means reservations that are expressly authorized by the treaty to specific provisions and which meet conditions specified by the treaty.
It was observed that implicit prohibition of reservations should also be included in the draft guideline,at least with regard to cases in which the treaty contained a clause authorizing only specified reservations which would have the effect of prohibiting all other reservations. .
His Government therefore sought further clarification as to the distinction between"specified reservations", mentioned in draft guideline 3.1.2, and"non-specified reservations authorized by the treaty", mentioned in draft guideline 3.1.4.
The Polish amendment to subparagraph(b), adopted by the Vienna Conference in 1968,restricted the possibility of implicit prohibition of reservations to treaties which provided"that only specified reservations, which do not include the reservation in question, may be formulated.
Implicit prohibition should be mentioned,at least with regard to cases in which the treaty contained a clause authorizing only specified reservations, which would have the effect of prohibiting all other reservations and precluding reference to the object and purpose of the treaty as a criterion for determining the validity of the reservation. .
As stated above, the Polish amendment to subparagraph(b), adopted by the Vienna Conference in 1968,restricted the possibility of implicit prohibition of reservations to treaties which provided"that only specified reservations, which do not include the reservation in question, may be formulated.
On the other hand, it is probably not superfluous to include in the Guide to Practice a draft guideline defining what is meant by"specified reservations". Indeed, such a definition has important consequences for the applicable legal regime, as it can legitimately be argued that reservations which are not"specified" must pass the test of compatibility with the object and purpose of the treaty.
As for article 19(b) of the Vienna Convention on the Law of Treaties, the Special Rapporteur, in paragraph 10 of his commentary,interpreted it as meaning that other reservations were prohibited solely if the treaty explicitly provided that only specified reservations could be made. However, it was doubtful whether that was the meaning intended by the authors of the Convention.
The purpose of guideline 3.1.2 is to clarify the meaning of the expression"specified reservations", which is not defined by the Vienna Conventions, since this clarification could have important consequences for the applicable legal regime; among other things, reservations which are not"specified" must pass the test of compatibility with the object and purpose of the treaty.
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; orwhen 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.
In any case, this objection concerns not the definition of reservations, but the conditions in which they are valid. Moreover, a unilateral statement provided for by a treaty is still a reservation even if it is expressly authorized by the treaty; this follows, for example, from article 19(b) of the 1969 and 1986 Conventions,which envisages the possibility that treaties may provide that only specified reservations may be made.