Примеры использования This draft guideline на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
This draft guideline is worded as follows.
There are few clear examples illustrating this draft guideline.
This draft guideline could be worded as follows.
Portugal takes due note of the position of the Commission as reflected in the commentary to this draft guideline.
The Special Rapporteur is aware that this draft guideline duplicates, to some extent, draft guideline 3.4.2.
This draft guideline is a valuable addition to draft guideline 3.1.5, which defines"object and purpose of the treaty.
Observation 2005 and 2006; revision 2011.The definition proposed in this draft guideline is useful, particularly as it continues to treat the object and the purpose of a treaty as one.
This draft guideline was provisionally adopted by the Commission at its fiftieth session, in 1998, in a form which referred only to reservations.
With regard to draft guideline 2.1.7, Malaysia notes that this draft guideline purports to allow the depositaries to examine whether a reservation is in due and proper form.
This draft guideline shows very clearly that the explicit acceptance of an impermissible reservation cannot have any effect either; it, too, is impermissible.
Observation 2002 France has doubts about the usefulness of the proposal contained in this draft guideline, which seems out of place in a guide that is intended to set out the legal rules governing the identification, regime and effects of reservations.
Although this draft guideline does not resolve the question of the effects that such objections might produce, France considers it useful to emphasize that a State should not be able to take advantage of an objection to a reservation which it has formulated outside the allowable time period for formulating reservations to modify other provisions of the treaty which bear little or no relation to the provisions to which the reservation applies.
Consequently, according to this opinion, the practice of the SecretaryGeneral of the Council of Europeshould be followed and the enlargement of the scope of the reservation should be prohibited; this draft guideline should either not be included in the Guide to Practice or should lay down very strict requirements.
It might also be useful to link this draft guideline with draft guideline 3.1.7 on vague, general reservations.
From the purely theoretical standpoint, in light of the meaning of the term"nullity"-- the issue is to determine what characterizes an impermissible act-- it seems quite appropriate to leave this draft guideline where it was originally."Nullity" is one of the"consequences of the non-permissibility" of a reservation.
It was also stated that this draft guideline might better be considered in the future together with the consideration of effects of objections.
As such, this draft guideline does not represent the general practice according to which the States usually decide whether a reservation constitutes an impermissible reservation.
The Commission referred this draft guideline to the Drafting Committee, which nevertheless decided to defer consideration of the matter.
Observation 2004 This draft guideline is undeniably useful because it clears up the potential ambiguity of the two usages of the term"objection" in the Guide to Practice: either an objection to the late formulation or widening of the scope of a reservation or an objection to the reservation itself.
If the Commission agrees to revise this draft guideline, adopted in 2001, a more elegant solution could consist in combining the two draft guidelines in the following manner.
Observation 2006 This draft guideline usefully points out that reservations fall under the law of treaties, not the law of international responsibility.
It is clear that this draft guideline to a certain degree duplicates the third paragraph of draft guideline 2.1.6, while completing it and removing its ambiguities.
In this regard, Malaysia is of the opinion that this draft guideline would allow the depositary to intervene on the question of compatibility of the reservation, which may cause the State to respond.
Malaysia is concerned that this draft guideline would give the impression that a reservation formulated by a State needs to pass two stages, the depositary and then only the other contracting States, before it is established.
The Commission decided to place this draft guideline first in Part 5 of the Guide to Practice, since it is based on the only provision of the 1978 Vienna Convention which deals with reservations in relation to succession of States.
Malaysia is of the view that this draft guideline could also be viewed as superseding the 1969 Vienna Convention on the Law of Treaties by purporting to give an active role to the depositary in interpreting an impermissible reservation.
Observation 2010; revision 2011 According to this draft guideline, an objection to a"valid" reservation by a contracting State does not preclude the entry into force of the treaty as between the objecting State and the reserving State.
Observation 2006; revision 2011 This draft guideline assumes a lack of competition among monitoring bodies, but it does not address the scenario of a difference in assessment between the different bodies and parties that can assess the permissibility of a reservation.
It might nevertheless be wondered whether this draft guideline should remain in part III of the Guide to Practice, which deals with matters relating to the permissibility of reservations and interpretative declarations, or whether it would ultimately make more sense to incorporate it into part IV of the Guide, on effects.
Observation 2006; revision 2011 Contrary to the suggestion in this draft guideline, France wishes to point out that in order for a treaty monitoring body to be able to assess the"permissibility" of a reservation, it must be endowed with that competence by the States or international organizations involved.