Examples of using Approval of an interpretative declaration in English and their translations into French
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Official
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Colloquial
Approval of an interpretative declaration.
The Commission should focus on matters of practical importance and devote less time to issues on which there was little practice, such as approval of an interpretative declaration.
Guideline 2.9.1: Approval of an interpretative declaration.
In view of these considerations, a draft guideline 2.9.1 worded as follows could be placed at the beginning of section 2.9(Formulation of reactions to interpretative declarations) to define the expression"approval of an interpretative declaration.
This is the eventuality envisaged in guidelines 3.6.1 and 3.6.2,which refer, respectively, to the approval of an interpretative declaration and to opposition to such a declaration. .
The approval of an interpretative declaration constituted subsequent agreement on the interpretation in accordance with article 31, paragraph 3(a), of the Vienna Convention.
Concerning guideline 2.9.9, her delegation agreed that as a general rule, approval of an interpretative declaration should not be inferred from the mere silence of a State.
Approval of an interpretative declaration, opposition to an interpretative declaration and reclassification of an interpretative declaration shall not be subject to any conditions for substantive validity.
Lastly, the revised version of draft guideline 3.6 provided for the impermissibility of approval of an interpretative declaration which was expressly or implicitly prohibited by the treaty.
For example, the exceptional cases in which approval of an interpretative declaration or opposition thereto could be inferred were not clearly explained, and the provisions failed to clarify in what manner and to what extent silence could be considered tacit approval. .
The Guide stated that silence in response to a reservation implied tacit acceptance of the reservation but that approval of an interpretative declaration could not be inferred from the mere silence of a State or an international organization.
As approval of an interpretative declaration constituted subsequent agreement on the interpretation, in accordance with article 31, paragraph 3(a), of the 1969 Vienna Convention, the general rules governing how an agreement could be entered into were sufficient.
The Commission wondered, however, whether the recommendation regarding a statement of reasons should be extended to cover the approval of an interpretative declaration. Besides the fact that the practice is extremely rare, it may be assumed that approvals are formulated for the same reasons that prompted the declaration itself and generally even use the same wording.
Approval" of an interpretative declaration means a unilateral statement made by a State or an international organization in response to an interpretative declaration in respect of a treaty formulated by another State or another international organization, whereby the former State or organization expresses agreement with the interpretation proposed in that declaration. .
Silence with respect to an interpretative declaration An approval of an interpretative declaration shall not be inferred from the mere silence of a State or an international organization.
With regard to the means of expressing approval of an interpretative declaration, his delegation considered that it would be incorrect simply to adopt wholesale the procedure provided for in the Vienna Convention.
It is also important to differentiate between approval of an interpretative declaration and agreement between the parties on the interpretation of the treaty.
Notwithstanding guidelines 2.9.1 and 2.9.2, an approval of an interpretative declaration or an opposition thereto may be inferred, in exceptional cases, from the conduct of the States or international organizations concerned, taking into account all relevant circumstances.
As we have already stated in commenting on draft guideline 2.9.1(Approval of an interpretative declaration), in Portugal's view the word"approval" has a specific legal meaning that is not coherent with the matter being dealt with.
Similarly, an in-depth consideration of the analogy between approval of an interpretative declaration and agreement between the parties regarding the interpretation of the treaty would go far beyond the scope of the topic.
Similarly, in-depth consideration of the analogy between approval of an interpretative declaration and agreement between the parties regarding the interpretation of the treaty would go far beyond what was necessary for a draft text on reservations to treaties.
The problem arose differently, however,in the case covered by draft guideline 4.7.3, in which the approval of an interpretative declaration was unanimous, thus constituting an agreement regarding the interpretation of the treaty that, depending upon the circumstances, was covered by article 31, paragraph 2 or paragraph 3(a), of the Vienna Conventions.
Although the report in several places noted that silence could not be understood to indicate approval of an interpretative declaration, the second paragraph of proposed draft guideline 2.9.9 stated that in certain circumstances a State could be considered as having acquiesced to an interpretative declaration by reason of its silence or its conduct.
Permissibility of reactions to interpretative declarations An approval of, opposition to, or recharacterization of, an interpretative declaration shall not be subject to any conditions for permissibility.
An approval of an impermissible interpretative declaration is itself impermissible.
Guideline 3.6.1 transposed the rules applicable to the permissibility of interpretative declarations, as reflected in guideline 3.5, to the approval of such declarations, by stating that an approval of an impermissible interpretative declaration was itself impermissible.