Examples of using Expression of will in English and their translations into Arabic
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As regards defects in the expression of will, the issue poses no serious difficulties.
Undoubtedly, a unilateral act is impugnable, as is a treaty, if the expression of will is vitiated by flaws.
The expression of will is closely linked to the legal act and, consequently, the unilateral act.
Nevertheless, as intent was associated with an expression of will, it might be difficult to establish.
The expression of will and the intention of the State to make an engagement and acquire obligations are inseparable.
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In the first report it was emphasized that the expression of will must be demonstrated unequivocally and publicly.
Accordingly, it has been deemed appropriate to include in draft article 1, which is submitted in this report, the term unequivocal,linked to the expression of will.
Both were legal acts andbelonged to the same regime in terms of expression of will, invalidity, conditions of existence, etc.
Some of them relate to the expression of will, while others refer to conflict with a peremptory norm or a decision of the Security Council.
In contrast to the object, we are referring in this case to the expression of will and its effects in time.
It is worthasking ourselves whether the expression of will in those cases differs from the expression of will whose definition concerns us now.
As in the law of treaties,the source of unilateral acts of States resides in the expression of will, which must be free of irregularities.
The expression of will by the author of the legal act is, as stated, essential to the creation of the act and to the effects which the act is intended to produce.
It was essential todraw a distinction between unilateral acts that constituted an expression of will or consent and those that had a legal effect.
Differing views were expressed as to the deletion of theword" autonomous", which in the previous version of the draft article also qualified the words" expression of will".
Both were legal acts andbelonged to the same regime in terms of expression of will, invalidity, conditions of existence, etc.
A more explicit reference to the expression of will remains pertinent, as it is a fundamental aspect of a legal act in general and, clearly, of the unilateral acts with which we are concerned.
The speaker felt that any attempt to replace internal self-government and free,democratic expression of will with control by a foreign power must be rebuffed by the Committee.
The expression of will reflected the legal personality of the State; it meant that, whatever its size or political importance, a State remained a State and that all States were each others ' equals.
A State[or States] that formulate[s]a unilateral act may invoke fraud as a defect in the expression of will if it has/they have been induced to formulate an act by the fraudulent conduct of another State.
He was strongly in favour of retaining the term" unequivocal" in the definition of unilateral acts and agreed with the SpecialRapporteur that the term itself should be linked to the expression of will.
But it is worth asking ourselves whether that expression of will, which could have different connotations, constitutes a unilateral act in the sense that interests us.
It was also important to ensure that when a State or an international organization tacitly accepted a reservation, it did so deliberately,not as a result of an unintentional silence that was not an expression of will.
The creation of support systems to facilitate the expression of will, and the parallel removal of restrictions on legal capacity, are challenges which remain to be tackled in the future.
But, as demonstrated in relation to promise in the events of the Nuclear Tests case, the same is true of waiver; notification must be given,at least to those States which may be affected by this expression of will.
As we have seen, the act of recognition is an expression of will which must be formulated without defects, a condition which is applicable to legal acts in general, whether conventional or unilateral.
It has been pointed out that consideration of the regime of invalidities, which goes beyond consideration of the factors vitiating consent, or, in this context,vitiating the expression of will, must be preceded by consideration of the factors determining the conditions of validity of the act.
The act of recognition of a State, in particular, is an expression of will and the defects which might affect it would be the same as those applicable to the expression of consent in that sphere.
The expression of will is so important that a portion of the literature defines a legal act as an expression of will, which vindicates the importance attached to irregularities capable of invalidating it, and to the interpretation of the act.
Unilateral acts have been defined in nearly all of the literature, without major differences between authors, as" the expression of will formulated by a subject of the international legal order with the intention of producing legal effects at the international level".