Examples of using To conditional interpretative declarations in English and their translations into Arabic
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Reactions to conditional interpretative declarations.
He also suggested that draft guideline 1.3 should apply only to conditional interpretative declarations.
With regard to conditional interpretative declarations in principle a State could not be denied the right to formulate a declaration of that kind.
Draft guideline 2.9.10(Reactions to conditional interpretative declarations).
Observation 2001 It would be preferable to simplify the procedure bymaking it clear that the" guidelines" in relation to reservations would apply, mutatis mutandis, to conditional interpretative declarations.
Simple interpretative declarations(as opposed to conditional interpretative declarations) also called for comment.
Guidelines 2.6 to 2.8.12 shall apply, mutatis mutandis,to reactions of States and international organizations to conditional interpretative declarations.
Support was expressed for draft guideline 2.9.10,subjecting reactions to conditional interpretative declarations to the same guidelines as those governing reactions to reservations.
His delegation wondered, moreover, whether draft guideline 2.1.8 should not apply,mutatis mutandis, to conditional interpretative declarations.
No special provision concerning alternatives to conditional interpretative declarations appears to be necessary: the alternative procedures listed above are treaty-based and require only the agreement of the contracting parties.
There was a view, however, that the time period for reactions to reservations should not be applicable to conditional interpretative declarations.
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.
We took note that the Commission 's report still mentions draft guideline 2.9.10(Reactions to conditional interpretative declarations) within brackets.
Reactions to conditional interpretative declarations were thus more akin to acceptances of or objections to a reservation than to reactions to a simple interpretative declaration. .
However, the guideline appeared in brackets for the time being,pending a decision by the Commission as to the treatment to be given to conditional interpretative declarations in the Guide to Practice.
Thus, the procedure for reactions to conditional interpretative declarations should follow the same rules as those applicable to acceptance of and objection to reservations, including the rule on the presumption of acceptance.
However, there may be serious doubts about the wisdom of using thesame terminology to denote both negative reactions to conditional interpretative declarations and objections to reservations.
With regard to draft guideline 2.9.10, on reactions to conditional interpretative declarations, his delegation shared the view that such declarations were different from simple interpretative declarations. .
It was therefore appropriate to recognize the right of States to recharacterize a conditional interpretative declaration as a reservation andto apply with respect to conditional interpretative declarations the rules on reactions to reservations.
With regard to conditional interpretative declarations, the question was raised as to whether if another contracting party had raised an objection such declarations would be an obstacle to the entry into force of a treaty between the author of the conditional declaration and the objecting State.
For that reason, the Guide to Practice should not perhapsinclude draft guidelines specifically relating to conditional interpretative declarations, since such declarations were rightly included within the concept of reservations.
It is less difficult to identify a broad trend in the positions taken by speakers in the Sixth Committee regarding the advisability of including in the Guide to Practiceguidelines concerning the juridical regime applicable to conditional interpretative declarations.
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.
Draft guideline 3.5.3, which had also been put forward provisionally, stated that the draft guidelines relating to competenceto assess the" validity" of reservations were applicable, mutatis mutandis, to conditional interpretative declarations.
On the other hand, it does not appear necessary to devote a separate guideline to the enumeration of alternatives to conditional interpretative declarations: the alternative procedures listed above are treaty-based and require the agreement of the contracting States and contracting organizations.
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.
Regarding draft guideline 2.9.10 concerning reactions to conditional interpretative declarations, She agreed with the provisional nature of the wording, because it was premature to rule on whether that type of declaration, from the point a view of its legal nature, constituted an interpretative declaration or a reservation.
In this report, the Special Rapporteur will thereforecontinue to raise questions about the rules applicable to conditional interpretative declarations and will propose that the Commission take a decision on the matter only after consideration of the report which he will prepare on the permissibility of reservations and interpretative declarations and their legal effects.
With regard to draft guideline 2.9.10 on reactions to conditional interpretative declarations, members voiced doubts about the relevance of such a distinction, given that, according to a majority of Commission members, the legal regime of conditional interpretative declarations was indistinguishable from that of reservations.