Examples of using Ihlen declaration in English and their translations into Arabic
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The Ihlen Declaration has also been examined in the doctrine.
In a major part of the doctrine, the Ihlen Declaration is seen as an act of recognition.
The Ihlen Declaration was for many years a classic example of a unilateral declaration. .
In this connection, several authors, including McNair, regard the Ihlen Declaration as an informal agreement.
The Court declared that the Ihlen declaration constituted an unconditional and definitive promise.
Such was the case of the Colombian diplomatic note addressed to Venezuela, the Cuban declarations concerning the supply of vaccines to Uruguay,the protests by the Russian Federation against Turkmenistan and Azerbaijan and the Ihlen Declaration. .
Although the Norwegian Government maintained that the Ihlen Declaration must be viewed in the context of an agreement, the Court finally held that the intentionality of the declaration was clear.
Kohen, when he examines forms of State conduct, in particular unilateral declarations whereby the State expresses its formal consent to a situation or a legal thesis, says that the prime example of thistype of unilateral formal consent was the Ihlen Declaration.
The Ihlen declaration is a clear example of the wide range of conclusions that can be drawn when an attempt is made to qualify an act, as the Special Rapporteur attempted to demonstrate in earlier reports.
Only in the cases concerning the conduct of Cambodia and Thailand,the Temple of Preah Vihar case, the Ihlen declaration and France ' s statements in the context of the Nuclear Tests case have the actions in question been reviewed by an international court.
When examining the Ihlen declaration or the 1952 note from the Government of Colombia referred to above, we can affirm that we are in the presence of a waiver, which is also a recognition or a promise, and that this has a bearing on the legal effects that such declarations produce.
Although we will tend to focus on these declarations, in practice there are also many declarations concerning territorial questions,such as the aforementioned Ihlen Declaration or the declaration by the Government of Colombia, and other situations such as recognition of a state of belligerency or insurgency.
The primary question that arises is whether the Ihlen Declaration is a unilateral act, definitive and unconditional in nature, as Denmark believed it to be at the time, or, conversely, whether it is an act that can be classified as a formal agreement.
A declaration may consist of a single act, as in the case of the Ihlen Declaration, the note from Colombia, the Egyptian declaration, the Truman Proclamation and the protest notes from the Russian Federation.
The Ihlen Declaration, made during a purely bilateral meeting between the Minister for Foreign Affairs of Denmark and the Norwegian ambassador to Copenhagen, and the Colombian diplomatic note addressed solely to the Venezuelan authorities are not counterexamples: they relate only to bilateral relations between the two States concerned.
The legal effect of renunciations has been considered by international tribunals, which ascribe to them a binding character,as was done in the cases related to the Ihlen declaration, by which Norway promised, recognized and even renounced in favour of Denmark; while this renunciation did involve a transfer rather than an abdication, which to some authors might constitute a treaty relationship, such an affirmation is unacceptable, since it undermines the unilateral character of the act.
The Ihlen Declaration was a statement made on 22 July 1919 by the Foreign minister of Norway, Nils Claus Ihlen, on the topic of Denmark's sovereignty over Greenland, in which Ihlen declared verbally to the Danish Minister that"… the plans of the Royal Government respecting Danish sovereignty over the whole of Greenland… would be met with no difficulties on the part of Norway.
The Permanent Court of InternationalJustice took the same view in noting that by the Ihlen Declaration, the Government of Norway would not oppose the Danish claims, making a promise" not to make any difficulties", even though the legal effects of the Declaration arose within the treaty relationship.
Through the Ihlen Declaration, Norway acknowledged the existence of a fact with legal effect and declared its willingness to consider the acknowledged legal situation as legitimate, which appears to be reflected in the decision of the Permanent Court of International Justice of 5 April 1933 where it states that.
In the Rann of Kutch case between India and Pakistan,India compared the" Ihlen declaration", which was taken into account by the Permanent Court of International Justice in the dispute between Denmark and Norway, to the circumstances of the current case, declaring before the Tribunal that" the Ihlen declaration was made at a time when there was no dispute between Denmark and Norway; the attitude changed when the dispute arose subsequently.