Examples of using Codification conventions in English and their translations into Russian
{-}
-
Official
-
Colloquial
Reservations to other codification conventions 623.
They assist individual States in the understanding andinterpretation of the rules embodied in codification conventions;
Several codification conventions give a general indication of the scope before the provision on the"use of terms.
They were the subject of the definition found in the codification conventions, and moreover possessed international legal personality.
With regard to article 2,the Commission was apparently not satisfied with the definition of the term"international organization" contained in other codification conventions.
On the more general issue of codification conventions, it might be wondered whether reservations to them are not incompatible with their object and purpose.
Diplomatic protection is a subject on which there is a wealth of authority in the form of codification, conventions, State practice, jurisprudence and doctrine.
On the basis of past experience with other codification conventions, he agreed with the Commission's decision to give States flexibility in the establishment of criteria and procedures.
Agreement was also expressed with the Commission's decision to give States flexibility in the establishment of criteria and procedures,along the line of past experience with other codification conventions.
Furthermore, since 1958, the codification conventions mostly provided for jurisdiction of the International Court of Justice in the form of optional protocols to the substantive conventions. .
Among the topics that have recently been considered by the Institute is one concerning problems arising from a succession of codification conventions, including"questions pertaining to the relationship between treaty and custom.
Because of their general nature, the main codification conventions neglect, quite legitimately, the particular problems deriving from the specific object and nature of certain categories of treaty.
A framework convention would have the advantage of being a legally binding instrument, but it would also risk being ratified by only a small number of States, as had already occurred in the case of some other codification conventions.
In a less succinct definition than the one generally used in codification conventions, it is possible to specify that an international organization does not need to have only States among its members.
It seems to him that, if States deem it necessary, the Commission would be better advised to draw up draft articles which are general in scope and could be incorporated,in the form of an optional protocol, for example, in the body of codification conventions.
Starting with the Vienna Convention on the Law of Treaties of 23 May 1969, several codification conventions have succinctly defined the term"international organization" as"intergovernmental organization.
AALCC reported that, pursuant to the mandate of the 1995 session, its secretariat was to continue to urge member States which had not already done soto consider ratifying or acceding to relevant multilateral codification conventions.
As was recalled above, international organizations were succinctly defined as intergovernmental organizations in several codification conventions and also in the ILC commentary on article 57 of the draft articles on the responsibility of States for internationally wrongful acts.
A few representatives observed that, while a framework convention would have the advantage of being a legally binding instrument, it would also risk being ratified by only a small number of States, as had already occurred in the case of some other codification conventions.
Even in fields where there are widely accepted"codification" conventions, the rules of customary international law continue to govern questions not regulated by the conventions and continue to apply in relations with and between non-parties.
Such assertions by States of rights or obligations under( customary) international law( or lack thereof) could, inter alia, take the form of an official statement by a Government or a minister of that Government, claims and legal briefs before court and tribunals, transmittal statements by which Governments introduce draft legislation in parliament, a joint declaration of States through an official document, orstatements made in multilateral conferences such as codification conventions or debates in the United Nations.
The text of some of these codification conventions added some further elements to the definition: for instance, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations of 21 March 1986 only applies to those intergovernmental organizations which have the capacity to conclude treaties.
Thus, the nature of codification conventions does not, as such, constitute an obstacle to the formulation of reservations to some of their provisions on the same grounds(and with the same limits) as any other treaty, and the arguments that can be put forward, in general terms, in support of the right to formulate reservations to a treaty provision that sets forth a customary rule are also fully transposable to them.
However, each codification convention did not fail to state that the definition was given only for the purposes of the convention concerned.
The draft comprehensive convention was perceived not only as a law enforcement instrument but also as a codification convention.
The Secretary-General regrets that this major codification convention concluded under the aegis of the United Nations has been languishing for 11 years without any clear prospect of an early entry into force.
A codification convention may contain provisions(hereinafter referred to as'codification provisions') which are declaratory of customary law, or which serve to crystallise rules of customary law, or which may contribute to the generation of new rules of customary law in accordance with the criteria laid down by the International Court of Justice.
Since the Guide to Practice is not intended to become an international treaty,such a non-exhaustive enumeration does not appear to have the same drawbacks as when this type of procedure is used in a codification convention.
In article 2(1)(j) of the Vienna Convention of 21 March 1986 on the Law of Treaties between States and international organizations and between international organizations,which is the most recent codification convention that includes a definition of the term, one may find the following text.
In that context,well before the Commission completed its work with regard to international organizations a codification convention concerning treaties between States had been adopted and had entered into force; moreover, the 1986 Vienna Conference came to the conclusion that the rules governing treaties of international organizations had in most respects to be aligned with those of the 1969 Convention. .