Examples of using Simple interpretative in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
Clearly, simple interpretative declarations did not require confirmation.
There is no need for a draft guideline on the form that simple interpretative declarations may take, since the form is unimportant.
Similarly, simple interpretative declarations can be modified at any time draft.
Fulfilment of this requirement is also necessary in order for a simple interpretative declaration to have the effects provided for in guideline 1.5.3.".
However, the matter was complicated by the existence not only of conditional interpretative declarations butalso of simple interpretative declarations.
At the very least, it might be a simple interpretative declaration explaining how Sweden understands the treaty.
With regard to draft guideline 2.4.1, there was no reason in principle why the draft guidelines shouldstipulate which persons were entitled to make simple interpretative declarations.
(4) Consequently, there is no need for a draft guideline on the form that simple interpretative declarations may take, since the form is unimportant.
In view of the effects that simple interpretative declarations could produce, pursuant to draft guideline 1.5.3, draft guideline 2.4.2 could remain unchanged.
Draft guideline 1.5.3 should apply alsoto multilateral treaties. Moreover, simple interpretative declarations did not require confirmation.
It should be noted, however, that in order for a simple interpretative declaration to constitute a reservation" in disguise" and, consequently, to fall within the scope of the guidelines, it must be formulated in writing.
The commentary to draft guideline 2.4.4 should perhaps indicate that, except in the remote possibility that a treaty referring to them so stipulated, simple interpretative declarations never required confirmation.
The same could not be said, however, of a simple interpretative declaration, which could certainly produce legal effects, but only through estoppel.
Draft guideline 1.3.1 would then apply only to conditional interpretative declarations,and the commentary to it would point to the inadvisability of distinguishing between simple interpretative declarations and reservations.
(1) According to the definition given in guideline 1.2, simple interpretative declarations are clarifications of the meaning or scope of the provisions of the treaty.
In cases of a simple interpretative declaration, however, the mere fact of proposing an interpretation which is not in accordance with the provisions of the treaty in no way changes the declaring State ' s position with regard to the treaty.
With regard to withdrawal and modification of interpretative declarations, a simple interpretative declaration, unlike an ordinary reservation, could be formulated at any time.
(c) And lastly, even simple interpretative declarations can be invoked and modified at any time only to the extent that they have not been expressly accepted by the other parties to the treaty or that an estoppel has not been raised against them.
The current text of paragraph(a)should therefore be replaced by:" A statement which appears to be a simple interpretative declaration concerning a reservation but which purports to exclude or modify the legal effect of the treaty".
But it may also be true for simple interpretative declarations which may, in principle, be formulated at any time, either because the treaty itself sets the period in which they can be made or because of circumstances surrounding their formulation.
Consequently, in accordance with guidelines 1.2 and 2.4.3, both the party to the treaty which had formulated the reservation andany other party thereto should be able to formulate a simple interpretative declaration concerning the reservation at any time unless to do so was prohibited by the treaty.
Such a declaration was much closer to a reservation than a simple interpretative declaration, and the temporal element was therefore essential, which it was not for simple interpretative declarations.
And, lastly, even simple interpretative declarations can be formulated at any time and be modified only to the extent that they have not been expressly accepted by the other contracting States or contracting organizations to the treaty or have created an estoppel in their favour.
In the view of the Special Rapporteur,it is far from obvious that a simple interpretative declaration can be assimilated to a purely political declaration and be void of any legal effect.
(10) In the case of a simple interpretative declaration, however, the fact of proposing an interpretation which is not in accordance with the provisions of the treaty in no way changes the position of its author with regard to the treaty, who remains bound by it and must respect it.
In our view, the definition of an interpretative declaration is helpful,particularly when combined with the method of implementation of the distinction between reservations and simple interpretative declarations in guideline 1.3.l and with the process of re-characterization in guidelines 2.9.3 ff.
Ideally, they should disregard simple interpretative declarations, except in draft guidelines 1.2 and 1.2.1, which could be combined in a single text to be renumbered 1.2 and entitled" Interpretative declarations". He proposed that the text should then read.
According to draft guideline2.5.12, States can withdraw simple interpretative declarations whenever they want, provided that that is done by a competent authority.
The commentary should explain that simple interpretative declarations could have legal effects only in the context of draft guideline 1.5.3, and that because of the marked differences between conditional interpretative declarations and reservations a distinction was drawn between them in draft guideline 1.3.
These rules should therefore be transposed to lateinterpretative declarations(whether what is at issue are simple interpretative declarations, where the treaty limits the possibility of making such declarations to specified periods, or conditional declarations) in draft guidelines 2.4.7 and 2.4.8, based on draft guideline 2.3.1.