Examples of using Conditional interpretative in English and their translations into Arabic
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In both cases the widening is understood asthe late formulation of a new reservation or a new conditional interpretative declaration.
(5) Thus, any conditional interpretative declaration potentially constitutes a reservation: a reservation conditional upon a certain interpretation.
Late formulation or modification of a conditional interpretative declaration.
It was observed that a conditional interpretative declaration could only constitute a reservation if it was made at the right time and if it was not contrary to the object and the purpose of the treaty.
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In both cases the widening is understood as the late formulationof a new reservation or a new conditional interpretative declaration.
It was observed that a conditional interpretative declaration could only constitute a reservation if it was made at the right time and was authorized by the treaty or was not contrary to its object and purpose.
A State was free to become a party to a treaty or not and, if it did,it might do so with a conditional interpretative declaration.
(2) Thus the key feature of this kind of conditional interpretative declaration is not that it proposes a certain interpretation, but that it constitutes a condition for its author ' s consent to be bound by the treaty.
One of our substantive concern[s] relates to the treatment of interpretative declarations,and in particular conditional interpretative declarations.
This would seem toestablish a contrario that it could have been a conditional interpretative declaration and not a reservation in the strict sense of the term.
A conditional interpretative declaration to a treaty in force which is the constituent instrument of an international organization or which creates a deliberative organ that has the capacity to accept a reservation must also be communicated to such organization or organ.
However, the matter was complicated by the existence not only of conditional interpretative declarations but also of simple interpretative declarations.
For example, its categorical wording leaves little doubt that the interpretative declaration made by Israel upon signing the International Convention Against the Taking of Hostages of 17December 1979 should be considered a conditional interpretative declaration.
In this case-- but in this case only--the conditional interpretative declaration must be equated to a reservation and may produce only the effects of a reservation, if the corresponding conditions have been met.
She also agreed with the Special Rapporteur that guideline 2.4.3 bis should not mention guideline 2.1.8, as the question of the permissibility of an interpretative declarationshould be distinguished from that of an impermissible reservation or conditional interpretative declaration.
An official endorsement in the Guide to Practice of the use of conditional interpretative declarations could encourage the use of" disguised" reservations formulated as conditional interpretative declarations.
Conditional interpretative declaration ' means a unilateral statement, however phrased or named, whereby a State or an international organization subjects its consent to be bound by a treaty to a specific interpretation of the treaty or of certain provisions thereof.
It was thereforeappropriate to recognize the right of States to recharacterize a conditional interpretative declaration as a reservation and to apply with respect to conditional interpretative declarations the rules on reactions to reservations.
A conditional interpretative declaration regarding a treaty in force which is the constituent instrument of an international organization or a treaty which creates an organ that has the capacity to accept a reservation must also be communicated to such organization or organ.
Further analysis should be carried out in order toestablish clearly the legal nature of conditional interpretative declarations, to identify the legal effects and procedures associated with them and to decide on the appropriate way to deal with them.
Bringing conditional interpretative declarations under the regime applicable to reservations would avoid thedifficulties that could arise when determining whether a conditional interpretative declaration must be considered as a reservation or as an interpretative declaration.
According to the same view, the procedure of draft guideline 2.1.8 might apply,mutatis mutandis, to conditional interpretative declarations in cases where the interpretation of treaty contained in such declaration was manifestly unfounded.
As far as effects were concerned, conditional interpretative declarations should be governed by a legal regime similar to that governing reservations, which would include both the ratione temporis limitation and the possibility of formulating objections.
His delegation therefore welcomed the Commission ' s decision to adopt guideline 1.4,which in paragraph 2 made conditional interpretative declarations subject to the rules applicable to reservations, and to delete all other guidelines concerning conditional interpretative declarations.
A State or an international organization may not modify a conditional interpretative declaration concerning a treaty after expressing its consent to be bound by the treaty except if none of the other contracting Parties objects to the late modification of the conditional interpretative declaration.".
The classification of an interpretative declaration as a conditional interpretative declaration depends solely on the determination as to whether the declarant intended to subordinate its consent to be bound by the treaty to the interpretation that is the subject of the declaration.
Draft guideline 2.4.2(Formulation of conditional interpretative declarations) was acceptable, but the procedure could be simplified by making it clear that the" guidelines" in relation to reservations would apply, mutatis mutandis, to conditional interpretative declarations.