Примеры использования To treaty interpretation на Английском языке и их переводы на Русский язык
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Subsequent agreements andsubsequent practice in relation to treaty interpretation.
The identification of the different approaches to treaty interpretation contained in the preliminary conclusions by the Chairman of the Study Group would be helpful in the Commission's further work.
First report on subsequent agreements andsubsequent practice in relation to treaty interpretation.
It considered that the former was more relevant to treaty interpretation than the latter, which was merely a supplementary, and therefore not an authentic, means of interpretation. .
Such a reference could lead to an unwelcome categorization of treaties andweaken the unity of the approach to treaty interpretation.
It was noted that the nature of the treaty at issue maybe a relevant consideration, while the view was expressed that this could weaken the unity of the approach to treaty interpretation.
Her delegation was well aware of the importance of subsequent agreement and practice to treaty interpretation and was actively pursuing the issue in order to evaluate the impact on its regional and international obligations.
It should not be read as taking any position regarding the appropriateness in general of a more contemporaneous ora more evolutive approach to treaty interpretation.
Mr. Alimudin(Indonesia) said that the Commission's work on the topic"Subsequent agreements and subsequent practice in relation to treaty interpretation" would provide valuable guidelines and reference points for treaty interpretation. .
This is because subsequent agreements andsubsequent practice of parties"regarding the interpretation of a treaty" contribute at least potentially to an"authentic" element to treaty interpretation.
The current programme of work of the Commission includes source-related topics such as subsequent agreements andsubsequent practice in relation to treaty interpretation, the identification of customary international law and provisional application of treaties.
With regard to draft conclusion 5,her delegation noted the affirmation that only conduct that was attributable to parties to a treaty could be accepted as subsequent practice relevant to treaty interpretation.
With regard to the topic of subsequent agreements and subsequent practice in relation to treaty interpretation, her delegation noted that draft conclusions 1 and 2 aimed to set out the general aspects of the legal framework in respect of treaty interpretation. .
It was clarified that to the extent article 6(2) was intended to address issues of law,these should be in addition to those addressed in relation to treaty interpretation in paragraph 1.
Paragraph 1 emphasized that subsequent agreements and subsequent practice were just some of the means contributing to treaty interpretation, which constituted a single, complex operation and that consideration should therefore be given to their interaction with other means of interpretation. .
Needless to say, the topic does not concern the determination of the content of particular treaty rules, but is, rather focused on the elucidation of the role and possible effects of subsequent agreements andsubsequent practice in relation to treaty interpretation.
In this respect,the Committee identified several issues related to treaty interpretation, where a plain and ordinary reading of the treaty led to compliance cases before the Committee, but where the Parties may have intended a different result through more flexible approaches.
A view was expressed that the ability of the arbitral tribunal to invite the non-disputing Party to make submissions with respect to treaty interpretation may prejudice the rights of the other Party to that treaty. .
The commentaries provided a rich and valuable analysis of practice, including the case law of international courts, identifying relevant questions to be asked when identifying and weighing subsequent agreements andsubsequent practice in relation to treaty interpretation.
Their legal position was notnecessarily that of the lowest common denominator, especially if that lowest common denominator was based wholly on a"founding fathers" approach to treaty interpretation as opposed to a"living instrument" approach which did indeed take account of subsequent State practice.
His delegation believed that the draft conclusions, with further study on specific points, would contribute to the application of the relevant provisions of the Vienna Convention on the Law of Treaties, thus providing a useful guide to treaty interpretation.
The Committee had taken a very firm"founding fathers" approach to treaty interpretation in its dialogue with a State party the previous July, having been very much at pains to argue that subsequent State practice had to be taken into consideration, a position that had not been easily digested by the State party in question.
Of particular interest was the Special Rapporteur's work on the extent to which the special nature of certain treaties-- notably human rights treaties and treaties in the field of international criminal law-- might affect the approach of the relevant adjudicatory bodies to treaty interpretation.
With regard to draft conclusion 3,given that support for an evolutive approach to treaty interpretation varied across international courts and tribunals, her delegation was of the view that caution must be exercised in determining the presumed intention of parties at the conclusion of a treaty in order to avoid distorting or departing in any way from the letter and spirit of the treaty. .
An essentially semantic amendment should be made to draft conclusion 3, since the idea of the"presumed intention" of the parties didnot reflect the commentaries, whose purpose her delegation shared, namely to raise the question of the choice between a contemporaneous approach and an evolutive approach to treaty interpretation.
In the light of the discussions, the Chairman of the Study Group reformulated the text of nine preliminary conclusions relating to a number of issues such as reliance by adjudicatory bodies on the general rule of treaty interpretation, different approaches to treaty interpretation, and various aspects concerning subsequent agreements and practice as a means of treaty interpretation chap. XI.
Thus, an interpretative declaration belonged to the legal regime of treaty interpretation.
It was therefore considered that an interpretative declaration belonged more to the legal regime of treaty interpretation.
It was pointed out that paragraph(1)was addressing submissions on issues of treaty interpretation from a non-disputing party to the treaty. .