Examples of using Conditional interpretative declaration in English and their translations into Russian
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Colloquial
Conditional interpretative declaration 277.
It is that element of conditionality that brings a conditional interpretative declaration closer to being a reservation.
A conditional interpretative declaration must be formulated in writing.
In both cases the widening is understood as the late formulation of a new reservation or a new conditional interpretative declaration.
A conditional interpretative declaration must be formulated in writing.
When a treaty prohibited reservations to itself,States could still make a conditional interpretative declaration to the treaty, having the same legal effect as a reservation.
The conditional interpretative declaration is in fact a conditional reservation.
It would seem to be out of the question that a State orinternational organization could formulate a conditional interpretative declaration/ See draft guideline 1.2.1[1.2.4] and the commentary thereto.
A conditional interpretative declaration produces the same effects as a reservation in conformity with guidelines 4.1 to 4.6.
In any event,maintaining a distinction between"interpretative declaration" and"conditional interpretative declaration" complicated the response provided by the Guide to the effects of silence.
Thus, any conditional interpretative declaration potentially constitutes a reservation: a reservation conditional upon a certain interpretation.
If, on the other hand, the treaty prohibits reservations,but not interpretative declarations, a conditional interpretative declaration is considered non-valid since it does not meet the conditions for the validity of a reservation.
Since a conditional interpretative declaration had the same effect as a reservation, it was quite natural that the draft articles should accord it the same treatment as a reservation.
The view was expressed that the draft guideline should be more precisely worded since there would seem to be no criterion for distinguishing between an interpretative declaration and a conditional interpretative declaration.
In this case-- but in this case only-- the conditional interpretative declaration produces the effects of a reservation, if the corresponding conditions have been met.
Observations 2000 and 2002 Unless draft guideline 1.2.1 is more precisely worded,there would seem to be no criterion for drawing a definite distinction between an interpretative declaration and a conditional interpretative declaration.
As the Special Rapporteur had rightly stated, a conditional interpretative declaration potentially constituted a reservation and as such should be subject to the same conditions for permissibility.
It results from guideline 1.2, which defines interpretative declarations independently of any time element, that a"simple" interpretative declaration may,unlike a reservation(and a conditional interpretative declaration), be formulated at any time.
It was observed that a conditional interpretative declaration could only constitute a reservation if it was made at the right time and was authorized by the treaty or was not contrary to its object and purpose.
She also agreed with the Special Rapporteur that guideline 2.4.3 bis should not mention guideline 2.1.8,as the question of the permissibility of an interpretative declaration should be distinguished from that of an impermissible reservation or conditional interpretative declaration.
So long as the correct interpretation has not been established, the conditional interpretative declaration remains in a legal vacuum and it is impossible to determine whether it is a mere interpretation or a reservation.
A conditional interpretative declaration regarding a treaty in force which is the constituent instrument of an international organization or a treaty which creates an organ that has the capacity to accept a reservation must also be communicated to such organization or organ.
It was therefore appropriate to recognize the right of States to recharacterize a conditional interpretative declaration as a reservation and to apply with respect to conditional interpretative declarations the rules on reactions to reservations.
A conditional interpretative declaration must be communicated in writing to the contracting States and contracting organizations and other States and international organizations entitled to become parties to the treaty.
Some members shared the view of the Special Rapporteur that a conditional interpretative declaration potentially constituted a reservation and was therefore subject to the same conditions for permissibility as reservations.
A conditional interpretative declaration could only constitute a reservation, in the strict sense of the term, if it was made at the right time and was authorized by the treaty or, failing that, did not contradict the spirit and purpose of the treaty.
Such a distinction would be useful, because a conditional interpretative declaration could be equated to a reservation and produce the same legal effects, whereas an interpretative statement had no legal effects.
A conditional interpretative declaration must be communicated in writing to the contracting States and contracting organizations and other States and international organizations entitled to become parties to the treaty under the same conditions as a reservation.
On the other hand, recent practice had shown that the difference between a conditional interpretative declaration and a reservation was far from clear, of which the interpretative declaration of States parties to the Treaty establishing the European Stability Mechanism of 2 February 2012 was an example.
A conditional interpretative declaration to a treaty in force which is the constituent instrument of an international organization or which creates a deliberative organ that has the capacity to accept a reservation must also be communicated to such organization or organ.