Examples of using Conditional interpretative declaration in English and their translations into Arabic
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Ecclesiastic
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Withdrawal of a conditional interpretative declaration.
(1) According to the definition contained in guideline 1.2.1, a conditional interpretative declaration is.
Withdrawal of a conditional interpretative declaration.
In both cases the widening is understoodas the late formulation of a new reservation or a new conditional interpretative declaration.
A conditional interpretative declaration must be formulated in writing.
In both cases the widening is understood as the lateformulation of a new reservation or a new conditional interpretative declaration.
A conditional interpretative declaration produces the same effects as a reservation in conformity with guidelines 4.1 to 4.6.
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.
Thus, any conditional interpretative declaration potentially constitutes a reservation: a reservation conditional upon a certain interpretation.
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 had effects very similar to those of a reservation and when formulated by a State could call in question its commitment to the treaty in question.
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 must be communicated in writing to the contracting States and contracting organizations and other States and international organizations entitled to become parties to the treaty.
The view was expressed that the draft guideline should be more precisely worded since there would seem tobe no criterion for distinguishing between an interpretative declaration and 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.
Observations 2000 and 2002 Unless draft guideline 1.2.1 is more precisely worded, there would seem to be no criterion fordrawing a definite distinction between an interpretative declaration and a conditional interpretative declaration.
So long as the correctinterpretation has not been established, the conditional interpretative declaration remains in a legal vacuum and it is impossible to determine whether it is a mere interpretation or a reservation.
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.
Some members shared the view of the Special Rapporteur that a conditional interpretative declaration potentially constituted a reservation and was therefore subject to the same conditions for permissibility as reservations.
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.
As the Special Rapporteur had rightly stated, a conditional interpretative declaration potentially constituted a reservation and as such should be subject to the same conditions for permissibility.
A conditional interpretative declaration must be communicated in writing to the contracting States and contracting organizations and other States and international organizations entitled to become parties to the treaty under the same conditions as a reservation.
Such a distinction would be useful, because a conditional interpretative declaration could be equated to a reservation and produce the same legal effects, whereas an interpretative statement had no legal effects.
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.
So long as the correct interpretation has not been established, the conditional interpretative declaration remains undetermined and it is impossible to determine whether it is the rules on the permissibility of an interpretative declaration or those on the permissibility of a reservation that should be applied to it.
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.
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.".