Examples of using Statements purporting in English and their translations into Russian
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Colloquial
Statements purporting to undertake unilateral commitments 1.1.5.
Draft guideline 1.4.2 Unilateral statements purporting to add further elements to a treaty.
Statements purporting to undertake unilateral commitments.
The same holds true for unilateral statements purporting to add further elements to a treaty.
Statements purporting to limit the obligations of their author.
On the other hand-- and this is no doubt the crux of the matter-- the Special Rapporteur willingly agrees that he lacked rigour in his choice of wording,which does not include in the definition of objections the unilateral statements purporting to produce effects not provided for in the Vienna Conventions.
Statements purporting to discharge an obligation by equivalent means.
Lastly, while recognizing that such statements were genuine reservations when they purported to exclude or to modify the legal effect of certain provisions of the treaty, other members questioned whether that was so in the case of statements purporting to totally exclude the treaty's application to a given territory.
Unilateral statements purporting to add further elements to a treaty.
They clarify the meaning of the word"modify" as used in theguidelines that define reservations(1.1) and specify their object(1.1.1), as do the draft guidelines on statements purporting to undertake unilateral commitments(1.4.1) and on unilateral statements purporting to add further elements to a treaty 1.4.2.
The second aspect related to statements purporting to limit not only the obligations imposed upon the author by the treaty but also the rights created by the treaty for the other parties.
Curiously, draft guidelines 1.1.5 and 1.1.6, concerning unilateral statements by which States intend to increase the rights conferred by a treaty or discharge an obligation by an equivalent means, and 1.4.1 and1.4.2, concerning unilateral statements purporting to undertake unilateral commitments, or add further elements to a treaty, which had been the subject of extensive debate in the Commission, did not elicit very many comments from States.
Draft guideline 1.4.2 concerned unilateral statements purporting to add further elements to a treaty, which, the Commission believed, constituted proposals to modify the content of the treaty.
The draft guidelines on statements purporting to limit the obligations of their author and statements purporting to discharge an obligation by equivalent means could be deleted and become new paragraphs in the draft guideline on object of reservations.
Draft guideline1.4.1 Statements purporting to undertake unilateral commitments.
To the extent that unilateral statements purporting to limit the obligations of the State or the international organization formulating them are reservations, this temporal element which, as the Commission has already stressed, was justified by practical, not logical, considerations/ See the commentary to draft guideline 1.1.2, paras. 2 and 3, in Report of the International Law Commission on the work of its fiftieth session, 1998, Official Records of the General Assembly, Fifty-third Session, Supplement No. 10(A/53/10), p.
Draft guideline 1.4.1 Statements purporting to undertake unilateral commitments.
To the extent that unilateral statements purporting to limit the obligations of the State or the international organization formulating them are reservations, this temporal element comes into play and they are obviously subject to this temporal limitation.
Draft guideline 1.1.6 concerned unilateral statements purporting to discharge an obligation by equivalent means, which also constituted reservations.
This definition does not limit reservations to statements purporting to exclude or modify the actual terms of the treaty; it also covers statements purporting to exclude or modify the legal effect of certain provisions in their application to the reserving State”. Arbitral decision of 30 June 1977, case concerning the Delimitation of the Continental Shelf between the United Kingdom of Great Britain and Northern Ireland and the French Republic, United Nations Reports of International Arbitral Awards(hereinafter UNRIIA), vol.
The same clarification could be found in draft guideline 1.4.1, on statements purporting to undertake unilateral commitments, and in draft guideline 1.4.2, on unilateral statements purporting to add further elements to a treaty.
This definition does not limit reservations to statements purporting to exclude or modify the actual terms of the treaty; it also covers statements purporting to exclude or modify the legal effect of certain provisions in their application to the reserving State.
Observation 1999 The draft guideline on statements purporting to limit the obligations of their author does not pose any particular difficulties in terms of substance.
Observations 1999 and2002 Draft guideline 1.1.5, on statements purporting to limit the obligations of their author, and draft guideline 1.1.6, on statements purporting to discharge an obligation by equivalent means, are satisfactory in terms of their substance.
The Commission had concluded that unilateral statements purporting to obtain from the other party a modification of the provision of the treaty to which the author subjected the expression of its final consent to be bound did not constitute reservations in the usual meaning of the term, since they purported to modify the actual provisions of the treaty.
For example, Ruda defines“extensive reservations” as“declarations or statements purporting to enlarge the obligations included in the treaty”, and he includes“unilateral declarations whereby the State assumes obligations, without receiving anything in exchange, because the negotiations for the adoption of the treaty have already been closed”.“Reservations to treaties”, Recueil des cours… 1975-III, vol. 146, p. 107.
Draft guidelines 1.1.2, 1.1.3, and 1.1.4 had been adopted in 1998, andin 1999 the Commission had adopted draft guideline 1.1.5,“Statements purporting to limit the obligation of their author”, which clarified the Commission's view of the question of“extensive” reservations, often confused with statements designed to impose new obligations on the other parties, not provided for by the treaty, and which were not reservations within the meaning of the present Guide to practice.
Since such a statement purported to modify the legal effect of some provisions of the treaty in their application to its author, it therefore came within the framework of the definition of reservations.
However phrased or named, any such statement purporting to exclude or modify the legal effect of a treaty provision with regard to the declarant is, in fact, a reservation see article 2(1)(d) of the Vienna Convention 1969.
Thus, in the example of the Polish statement given in paragraph(9) above, it must be regarded as a reservation if it is considered that there is a customary rule by virtue of which all State vessels, lato sensu, benefit from immunity;otherwise, it must be regarded as a statement purporting to add further elements to the treaty, within the meaning of draft guideline 1.4.2[1.1.6] a position on this matter does not have to be adopted for the purposes of the present Guide to Practice.