Examples of using Dynamic interpretation in English and their translations into Russian
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Official
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Colloquial
Dynamic interpretation was a process of dialogue.
The Committee had made progress in both substantive andprocedural terms through its dynamic interpretation of the Convention.
While the Committee did not favour reservations, dynamic interpretations of treaties might create pressures for a dynamic doctrine of reservations.
Particularly when the terms of the convention are backed up by a monitoring mechanism which ensures a dynamic interpretation of the instrument; P.-H. Imbert, ibid.
It was also said that dynamic interpretation was well recognized under public international law and the example of the jurisprudence of the International Court of Justice relating to the Continental Shelf was given.
Ms. Myakayaka-Manzini commended the progress made in implementing the Convention and the dynamic interpretation of Sharia law, although much remained to be done.
It was further said that allowing such dynamic interpretation was a policy decision and that it would be regrettable not to allow such dynamic interpretation, which would best further the mandate of the Working Group.
Depending on the outcome of its analysis, consensus, no consensus, or a sufficiently qualified majority ortendency, the Court proceeds with a dynamic interpretation or not.
This case was this year the subject of case studies developed by the"Dynamic Interpretation" working group of EQUINET- the European Network of Equality Bodies.
Many of those delegations expressed primary support in principle for the compromise as set out in paragraph 17 above,which did not provide for the possibility of application of the rules on transparency pursuant to a dynamic interpretation of a treaty by the arbitral tribunal.
Those delegations felt that that would avoid that, through dynamic interpretation, the rules on transparency be made applicable to existing investment treaties without express consent of the Parties to the treaty.
International human rights monitoring bodies and domestic courts, however, developed andeffectively apply a dynamic interpretation of the provisions of human rights treaty law.
Other views were expressed that where dynamic interpretation of treaties was recognized and even accepted as standard practice, States should not be deprived of that interpretation, especially as it might have the effect of facilitating the objectives of transparency.
Human rights are a rapidly developing concept and most international andregional treaty monitoring bodies apply a dynamic interpretation of human rights treaty law.
With respect to the revised proposal, it was observed that paragraph(1)did not exclude a dynamic interpretation of a reference to the UNCITRAL Arbitration Rules in existing investment treaties, as it only referred to the agreement of the parties to apply the rules on transparency.
One last indication demonstrates the substantive interdependence between the reservation and the treaty to which it relates:the International Court of Justice has, on occasion, applied the principle of dynamic interpretation to the terms of the reservation, on the same grounds as to the terms of the treaty itself.
It was said, however,that the second paragraph of the revised proposal might be seen as ruling such dynamic interpretation out by excluding the application of the rules on transparency in case reference was made to a particular version of the UNCITRAL Arbitration Rules that did not include the rules on transparency.
For existing investment treaties, the rules on transparency would only apply where the parties had expressly consented thereto,with wording being used to make it clear that there could be no dynamic interpretation of existing investment treaties which would make the transparency rules applicable to them.
Consequently, the European Court of Human Rights, in the landmark judgement of Tyrer v. UK,decided in 1978 by a dynamic interpretation of article 3 of the European Convention on Human Rights that birching of a juvenile, a traditional punishment on the Isle of Man, was no longer compatible with a modern understanding of human rights in Europe.
It was recalled that, regarding existing investment treaties, views diverged on whether article 1(1)should contain language preserving application of the rules on transparency where the investment treaty permitted application of the most up-to-date version of the UNCITRAL Arbitration Rules(referred to in the discussions as the"dynamic interpretation of investment treaties"), or whether article 1(1) should remain silent on that matter see above, paragraph 20.
Indeed, the main advantage of the absence of a precise definition of torture in the ECHR, according to Kristaps Tamužs, is that it enables a dynamic interpretation of the concept of‘torture' consistent with the Court's evolving case law as well as changes in how torture is understood and defined under other international and domestic jurisdictions.
A few delegations reiterated that dynamic interpretation was legally possible and that they were not ready to accept a"blanket prohibition" that would preclude the effective implementation of provisions in investment treaties that envisaged the Parties benefiting from the most up-to-date provisions of the UNCITRAL Arbitration Rules in arbitrations under those treaties, which in that case would be the rules on transparency.
Views were expressed that delegations should not be forced to accept transparency rules either via a dynamic interpretation or otherwise, but that consent should always be clearly given.
It was noted that the positions on that matter, which were polarized on(i) whether an opt-in oropt-out approach was preferable and(ii) whether the possibility of dynamic interpretation for existing treaties should be left open, had evolved towards a compromise, whereby delegations with a strong view contrary to the majority view would make concessions in return for obtaining their preferred solution on other issues.
It was clarified that it would be open to those delegations, who would find it difficult to agree with the proposal articulated above in paragraph 54 andstill wished to propose another solution(whether in favour of an opt-in or in favour of a dynamic interpretation), to do so at the next session of the Working Group on the basis of the proposals in paragraph 8 of document A/CN.9/WG. II/WP.169.
Although the systematic interpretation of international human rights treaties has to date prevented regional anduniversal treaty monitoring bodies from applying the same dynamic interpretation of the right to personal integrity and human dignity to the death penalty, this legal reasoning is increasingly being challenged by obvious inconsistencies deriving from the distinction between corporal and capital punishment and by the universal trend towards the abolition of capital punishment.
Several delegations emphasized the role of subsequent agreements andpractice in the interpretation of treaties, so as to ensure a dynamic interpretation that would take into account changing circumstances and new developments.
Diverging views were expressed, that fell into three categories:those in favour of including a provision to the effect that the transparency rules would not apply to existing treaties by a dynamic interpretation of those investment treaties; those expressing preference for permitting application of the rules on transparency to existing investment treaties, where so permitted, by a dynamic interpretation of the investment treaties; and lastly, those in support of not providing any rules on that matter.
It underscored the importance of recommendation 26 in paragraph 88 of the Working Group report, andurged the Government to use a wide and dynamic interpretation of article 37 of the new Constitution, dealing with the right to life from conception to death.
It was also noted that some delegations had expressed the concern that it might be difficult to exclude the possibility of any dynamic interpretation(as was sought to be done) if the transparency rules were presented as an appendix to the UNCITRAL Arbitration Rules.