Draft Article 38: Modification of treaties by subsequent practice.
Modification of treaties by subsequent practice.
Some actions will require treaty change, others only a change of mindset.缔约方通过嗣后惯例修正或修改条约的可能性尚未得到普遍认可。
The possibility of amending or modifying a treaty by subsequent practice of the parties has not been generally recognized.关于嗣后惯例是否可能产生修正或修改条约的效果,荷兰代表团赞赏特别报告员的谨慎做法。
With respect to the question of whether subsequentpractice might have the effect of amending or modifying a treaty, her delegation appreciated the Special Rapporteur' s cautious approach.Combinations with other parts of speech
然而,应特别谨慎地对待通过嗣后惯例修正或修改条约的可能性,这可能等同于不遵守条约。
Nevertheless, particular caution shouldbe exercised with regard to the possibility of amending or modifying a treaty by subsequent practice, which might amount to non-compliance with the treaty..波兰代表团支持第3段中的推定,并欢迎谨慎处理可能根据嗣后实践修订或修改条约的情况。
Her delegation supported the presumption described in paragraph 3 andwelcomed the cautious approach towards the possibility of amending or modifying a treaty by subsequent practice.如果各国能够通过共同协议修改条约,那么,按照推论,它们也能够商定提出经过扩大的保留。
If States could modify a treaty by mutual agreement, it followed that they could also agree to the formulation of enlarged reservations.然而,如果国家可以通过共同协议修改条约,那么,国家也理应可以就提出扩大的保留达成协议。
Moreover, if States could modify a treaty by mutual agreement, it followed that they could also agree to the formulation of enlarged reservations.嗣后实践可能反映各国对修改条约的愿望,以期使之适应于不断变化的法律准则环境。
Subsequent practice may reflect the wish of States to see a treaty modified in order to adapt it to the changing normative environment.也有国家表示,由嗣后惯例非正式修改条约可造成国内宪法的问题。
It was also said that informal modifications of treaties by subsequent practice could give rise to problems of domestic constitutional law.如果解释性声明的效果包括修改条约,则不再是解释性声明,而是保留。
If the effect of an interpretative declaration consisted of modifying the treaty, it would actually constitute a reservation, not an interpretative declaration.的确,解释和修改条约之间的分界限在实践中往往"很难确定,如果不是完全不可能的话。
Indeed, the dividing line between the interpretation and the modification of a treaty is in practice often" difficult, if not impossible, to fix".指导这种事务的基本原则是,唯有基于缔约方的意愿,才有可能修改条约。
The basic rule governing the matter in that context is that the modification of a treaty is possible only on the basis of the will of the parties to the treaty..(7)从上述可推断,解释性声明绝不会修改条约条款。
(7) It may be deduced from theforegoing that an interpretative declaration may in no way modify the treaty provisions.国家实践和判例尚未发展到可导致普遍确认存在通过嗣后惯例修改条约的可能性的阶段。
State practice andjurisprudence had not developed to such a stage that the possibility of modifying a treaty by subsequent practice could be generally recognized.正是基于这种同意才能达成一致,从而按照《维也纳公约》第39条修改条约以准许保留。
It is this consent which provides the basis of an agreement to modify the treaty for the purpose of authorizing the reservation within the meaning of article 39 of the Vienna Conventions.国家和法院认可条约的解释空间,却不太愿意认可协定实际具有修正或修改条约的效果。
The recognition of this scope for the interpretation of a treaty goes hand in hand with the reluctance by States andcourts to recognize that an agreement actually has the effect of amending or modifying a treaty.关于"条约随时间演变"专题,嗣后协定和嗣后惯例在修改条约方面可能发挥的作用具有实际相关性,特别在区域范围内。
With regard to the topic" Treaties over time",the possible role of subsequent agreements and subsequent practice in respect of treaty modification was of practical relevance, especially in the regional context.我们不会离开欧元区,但我们希望修改条约,我们希望对各国的预算和赤字限制制定新的规则,”皮奇说。
We won't leave the euro, but we want to revise the treaties, we want new rules on countries' budgets and deficit limits,” Picchi said.可以为此通过议定书,把它附于现有的条约,或修改条约,或将其载于缔约方通过的灵活的法律文书。
They could be made by adoptingprotocols to be annexed to the existing treaty or by amending the treaty, or they could be contained in instruments of soft law adopted by the parties.从有条件的解释性声明的定义中可以明显地看出,它不打算修改条约,只是要以一定的方式解释一个或多个条款而已。
It is clear from the definition of a conditionalinterpretative declaration that it does not purport to modify the treaty, but merely to interpret one or more of its provisions in a certain manner.在第一种情况下,这样的协议等于修改条约,在第二种情况下,不一定就意味着哪怕是进行心照不宣的修订。
In the first case, such an agreement would amount to a modification of the treaty, whereas in the second case it would not necessarily imply even a tacit amendment.任何定义都应当是清楚、简明的,在可能范围内应当是灵活的,以便能在无须修改条约的情况下就适应技术方面的发展。
Any definitions should be clear, concise and, to the extent possible, flexible,so as to accommodate developments in technology without requiring amendment of the treaty.(20)第三十一条第三款(甲)项和第三十九条一并解读显示,缔约方在条约缔结后达成的协定可解释、修正或修改条约。
(20) Articles 31, paragraph 3(a), and 39, if read together, demonstrate that agreements which the parties reach subsequently to the conclusion of a treaty can interpret andamend or modify the treaty.维也纳会议后,讨论了这一问题:维也纳会议否决第三十八条草案是否意味着排除了缔约方通过嗣后惯例修改条约的可能性。
After the Vienna Conference, the question was discussed whether the rejection of draft article38 at the Vienna Conference meant that the possibility of a modification of a treaty by subsequent practice of the parties had thereby been excluded.这样就规定了一系列范围很广的罪行可予引渡,而无须为了将罪行列入而修改条约,因为修改条约往往需要很长时间。
This allows extradition for a wide range of offences without the need to amend the treaty in order to add to the list, as amendments can often take a long time.
(6) The International Court of Justice has also maintained that theinterpretation of a treaty may not lead to its modification.
Some thought that a modification of a treaty would normally require following the formal amendment procedure.(6)国际法院也认为,对条约的解释不可导致修改条约。
(6) The International Court of Justice has also maintained that theinterpretation of a treaty may not lead to its modification.