Examples of using To interpretative declarations in English and their translations into Arabic
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The emphasis should be on the effects of reactions to reservations and to interpretative declarations.
In their view, the wording applied as much to interpretative declarations as to across-the-board reservations.
However, that regime did not provide clear answers to all questions,especially with respect to interpretative declarations.
That would help to enhance, with respect to interpretative declarations, the equivalent of the so-called" reservations dialogue".
Nevertheless, the Commission decided that the appropriateness of the wording employed wouldbe" tested" in the light of the discussions relating to interpretative declarations.
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Rather, they could be likened to interpretative declarations, since they were an indication of the manner in which the objecting State interpreted the treaty.
It appears that State practice with respect to positive reactions to interpretative declarations is virtually non-existent.
With respect to interpretative declarations, it should be emphasized that in some cases they facilitated States ' participation in international treaties.
Furthermore, it was not helpful to try to create a separate regime where acquiescencecould play a specific role in regard to interpretative declarations.
There would, however, be little point in extending to interpretative declarations the rules applying to the partial withdrawal of reservations.
With regard to draft guideline 2.9.1, the word" approval" had a strong legalconnotation that was not appropriate in relation to interpretative declarations.
Guideline 2.9.2 also recognized that oppositions to interpretative declarations could take various forms, including the formulation of an alternative interpretation.
Chapter III. Formulation and withdrawal of reservations(and of interpretative declarations), acceptances and objections to reservations(and to interpretative declarations).
With regard to interpretative declarations, there was no general rule on the value of silence as a means of reacting, nor was there a general legitimate expectation of an express reaction.
Nevertheless, the study had made asignificant contribution to the understanding of the law in relation to interpretative declarations and, in particular, their recharacterization.
Therefore it was not advisable to extend to interpretative declarations, mutatis mutandis, the same procedural and substantive requirements applicable to reservations.
In the Special Rapporteur ' s view, another very important distinction was to bedrawn between reactions to reservations and reactions to interpretative declarations.
The following guidelines, which refer in general terms to interpretative declarations without distinguishing between the two categories into which they are divided, apply to both categories.".
Several members supported theinclusion of draft guidelines on the permissibility of reactions to reservations, of interpretative declarations and of reactions to interpretative declarations. .
That applied particularly to interpretative declarations, which, although they gave rise to some interesting questions, could not be considered reservations and could well have been omitted from the current study of the topic.
Also important was the fact that different legal regimes andrules applied to reservations and to interpretative declarations, as had been emphasized by the Special Rapporteur.
(3) It is therefore appropriate to transpose to interpretative declarations the provisions of guideline 2.1.4 on the absence of consequences at the international level of the violation of internal rules regarding the formulation of reservations.
Since international tribunals were often called upon to interpret even bilateral treaties,it was clear that the task of drafting rules applicable to interpretative declarations in the context of multilateral treaties was a complex one.
Broad dissemination of reactions to interpretative declarations was also the rationale for guideline 2.9.7, which recommended that the formulation and communication of such reactions should follow the rules on the formulation and communication of reservations.
(6) The similarity between the wording of guidelines 1.1.5 and 1.2.1 does not mean thatthe same legal regime is applicable to interpretative declarations formulated jointly, on the one hand, and to reservations formulated jointly, on the other.
An alternative interpretation might be offered by the opposing State merely as a recommendation, or it might in fact constitute a new interpretative declaration, subject to all the rules applicable to interpretative declarations in general.
In response to the questions posed by the Commission concerning reactions to interpretative declarations under the topic" Reservations to treaties", his delegation would like to make some preliminary comments.
Given the dearth of practice with regard to reactions to interpretative declarations and the different opinions of the members of the Commission, the Commission would be grateful if States would kindly respond to the questions below in their concrete practice.
This essential difference makes it justifiable, and indeed necessary,for the rules governing reactions to interpretative declarations to be more than a mere copy of the Vienna Conventions ' rules on acceptance of and objection to reservations(see section A below).
With regard to the permissibility of reactions to interpretative declarations, guideline 3.6 stated the general principle that an approval of, opposition to, or recharacterization of, an interpretative declaration was not subject to any conditions for permissibility.