Примеры использования To the definition of reservations на Английском языке и их переводы на Русский язык
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With regard to the definition of reservations, it was useful to distinguish between the various forms of unilateral statements and to assess their validity.
That request exactly paralleled the one adopted with regard to the definition of reservations prior to any examination of their effects or lawfulness.
According to the definition of reservations, they aim“to exclude or to modify the legal effect of certain provisions of the treaty in their application” to their author/ Draft guideline 1.1.
The reservation is in fact a new one which jeopardizes international legal certainty and is contrary to the definition of reservations contained in the Vienna Conventions.
It had adopted 18 draft guidelines pertaining to the definition of reservations and interpretative declarations, which constituted a first chapter of the Guide to practice which it had set out to prepare.
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Article 29 of the Vienna Convention should not be interpreted too restrictively: while the Commission's discussion of that article at its 1998 session had been interesting,it was unrelated to the definition of reservations as such.
Moreover, a number of ILO conventions provided for the possibility of unilateral statements in connection with exclusionary clauses;such statements corresponded exactly to the definition of reservations and need not be subject to a separate legal regime.
Second-- and it is for this reason that their description should be linked to the definition of reservations-- some of these procedures are so close to reservations that the question arises whether they should not simply be treated as equivalent.
As regards section 1.3 of this chapter, concerning the distinction between reservations and interpretative declarations, it is difficult to see how,if the term"reservations" in respect of bilateral treaties does not correspond to the definition of reservations given in guideline 1.1, it would be applicable to the latter.
According to the definition of reservations itself, reservations cannot be described as such unless they are made"when signing, ratifying, formally confirming, accepting, approving or acceding to a treaty, or[by a State] when making a notification of succession to a treaty.
Nevertheless, some members of the Commission disagreed with the proposal, arguing that it couldjeopardize legal certainty and would be contrary to the definition of reservations contained in the 1969 Vienna Convention on the Law of Treaties.
However, this provisional adoption seemed necessary in order to clarify andspecify the scope of the entire set of draft guidelines with respect to the definition of reservations adopted thus far, and to make their particular object quite clear.
With regard to the definition of reservations in article 2, paragraph 1(d), of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, the text originates in the proposal made by the Special Rapporteur, Mr. Paul Reuter, in his third report, issued in 1974.
While there is nothing to prevent a State or an international organization from indicating formally to its partners the"reservations" it has with regard to the adopted text at the authentication stage or, for that matter, at any previous stage of negotiations,such an indication does not correspond to the definition of reservations contained in guideline 1.1.
As they produce effects almost identical to those produced by reservations, these techniques nevertheless deserve to be mentioned in the part of the Guide to Practice devoted to the definition of reservations, if only so as to identify more clearly the key elements of the concept, distinguish them from reservations and, where applicable, draw appropriate conclusions with regard to the legal regime of reservations. .
Part 1 is devoted to the definition of reservations and interpretative declarations and to the distinction between these two types of unilateral statement; it also includes an overview of various unilateral statements, made in connection with a treaty, that are neither reservations nor interpretative declarations and possible alternatives to both; as expressly stated in guideline 1.6[1.8],"The[se] definitions… are without prejudice to the validity and[legal] effects" of the statements covered by Part 1;
Strictly speaking, it would have been logical to include the definitions which appear in the guidelines hereafter respectively in section 1.5,insofar as guideline 1.6.1 is concerned(since the Commission considers that so-called"reservations" to bilateral treaties do not correspond to the definition of reservations), and in section 1.2, insofar as guidelines 1.6.2 and 1.6.3 are concerned since they deal with genuine interpretative declarations.
They are indeed unilateral statements made at the time consent to be bound is expressed and purporting to exclude the legal effect of certain provisions of the treaty as they apply to the State orthe international organization making the statement, all of which corresponds exactly to the definition of reservations, and, at first glance at least, it would seem that they are not and need not be subject to a separate legal regime.
Elements common to the definitions of reservations.
Elements common to the definitions of reservations and interpretative declarations.
However, this takes us from the question of the definition of reservations to that of their legal regime.
On the topic of reservations to treaties, the Commission had adopted seven draft guidelines pertaining to the definition of such reservations. .
Turning to the topic of reservations to treaties, he observed that most delegations had supported the Commission's decision not to depart from the definition of reservations contained in the Vienna Conventions of 1969, 1978 and 1986.
According to this outline, the first two parts of the study on reservations to treaties would deal with, respectively, the unity or diversity of the legal regime for reservations to multilateral treaties(reservations to human rights treaties) and the definition of reservations.
There is apparently no theoretical orpractical reason to depart from the definition of reservations given in the 1969 Convention.
For the sake of simplicity, it is preferable to consider each of the proceduresin question individually and then to compare them with the definition of reservations.
Moreover, an issue linked to that of the definition of reservations and interpretative declarations, that of“alternatives to reservations”(cf. para. 50 of the third report) could not be dealt with.