Examples of using Interpretative declaration could in English and their translations into Russian
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Colloquial
An interpretative declaration could be invalid if it did not comply with those restrictions.
There were circumstances in which silence in response to an interpretative declaration could be construed as acquiescence.
It was observed that a conditional interpretative declaration could only constitute a reservation if it was made at the right time and if it was not contrary to the object and the purpose of the treaty.
A reservation was formulated at a specific time, while an interpretative declaration could be made 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.
It was observed that there were circumstances in which silence in response to an interpretative declaration could be construed as acquiescence.
The effects of silence as a reaction to an interpretative declaration could only be determined in connection with the interpretative nature of that type of declaration. .
The former could of themselves produce legal effects, only in the circumstances mentioned in previous Commission reports, namely, that under the rules of estoppel, which did not form part of the law of treaties,a simple interpretative declaration could be invoked by a State against the State which had formulated it.
It was not sufficiently clear, however, how an interpretative declaration could effectively be subject to the regime of reservations.
Therefore, there were cases where silence in response to an interpretative declaration could be taken to constitute acquiescence.
The view was expressed, however, that an interpretative declaration could be impermissible if the interpretation it formulated was contrary to the object and purpose of the treaty or if it violated article 31 of the 1969 Vienna Convention.
Lastly, there was no reason to set temporal limits, since an interpretative declaration could be formulated at any time.
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.
Reservations were expressed as to whether courts would follow such a non-binding recommendation,although it was noted that an interpretative declaration could be seen in some legal systems as the functional equivalent of"doctrine" or case-law.
On the other hand, the Special Rapporteur was not convinced by the arguments that an interpretative declaration could violate article 31 of the 1969 Vienna Convention or deprive the treaty of its object and purpose; in both cases, what was at issue was not the permissibility of the declaration but, at most, the incorrectness of the interpretation proposed.
In answer to the Commission's questions in paragraph 26 of its report, therefore,her delegation could not envisage any circumstances in which silence in response to an interpretative declaration could be taken definitively to constitute acquiescence; and she did not think that silence should play a part in the legal effects that the declaration might bring about.
Draft guideline 2.5.12 on withdrawal of interpretative declarations provided that, since an interpretative declaration could be formulated at any time, it could also be withdrawn at any time without any special procedure.
Like reservations, interpretative declarations can be late.
Similarly, simple interpretative declarations can be modified at any time draft.
It was also suggested that interpretative declarations could act as an aid to interpretation.
Interpretative declarations could be considered basic means of achieving agreement on the interpretation of a given provision.
It was suggested that conditional interpretative declarations could be considered as interpretative declarations if the interpretations contained therein were acceptable.
The fourth part,on the legal effects of reservations and interpretative declarations, could open with a guideline 4.1 reading as follows.
Interpretative declarations could be considered a basic means of achieving agreement on the interpretation of a given provision.
Guideline 2.9.2 also recognized that oppositions to interpretative declarations could take various forms, including the formulation of an alternative interpretation.
Some conditional interpretative declarations could border on reservations or could be considered to affect the object and purpose of the treaty.
An interpretative declaration can also be formulated with a view to recalling the position taken by a State during the negotiations which led to the adoption of the treaty.
Draft guideline 3.5.2 dealt with that issue, butit was important to note that not all conditioned interpretative declarations could be considered reservations.
The fact that the rules applicable to interpretative declarations can be defined only by comparison with those relating to reservations makes such an approach seem even more illogical.
It is obvious that,if a treaty provides that an interpretative declaration can be made only at specified times, it follows a fortiori that such a declaration cannot be modified at other times.