Examples of using Interpretative declaration in English and their translations into Spanish
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Official
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Colloquial
This may be called a'qualified interpretative declaration.
The interpretative declaration of Qatar is explained hereunder.
Effects of reservations and interpretative declaration.
A conditional interpretative declaration must be formulated in writing.
Neither of the above was a reservation or an interpretative declaration.
People also translate
The expression“qualified interpretative declaration” has little meaning in French.
If it was not plausible,then the instrument was actually an amendment disguised as an interpretative declaration.
Mexico had entered both an interpretative declaration and a reservation to the Convention.
According to the definition contained in draft guideline 1.2.1, a conditional interpretative declaration is.
At the very least, it might be a true interpretative declaration explaining how Sweden understands the treaty.
In both cases the widening is understood as the late formulation ofa new reservation or a new conditional interpretative declaration.
It should be noted that when States“requalify” an interpretative declaration as a reservation See Paragraph 3 below.
An interpretative declaration differed from a reservation in that it had no legal effect on the other parties even if they raised no objection.
This indicates yet again that the concepts of reservation and interpretative declaration can only be defined in relation to each other.
In many cases, such a statement clarified the scope attributed by a State to the provisions of a treaty-- in other words,it constituted an interpretative declaration.
That procedure might not apply in the case of a conditional interpretative declaration, an interesting possibility mentioned in paragraph 512 of the report.
The'mere interpretative declaration' serves notice of the position to be taken by the declaring State and may herald a potential dispute between that State and other contracting parties.
This would seem to establish a contrario that it could have been a conditional interpretative declaration and not a reservation in the strict sense of the term.
This may be called a'simple interpretative declaration' They are referred to as'mere declaratory statements' by Detter, Essays on the Law of Treaties, 1967, pp. 51-52.
This would seem to establish a contrario that it could have been a conditional interpretative declaration and not a reservation in the strict sense of the term.
It was also suggested that the Guide should address the issue of internally inconsistent declarations, which at times seemed to be a reservation and at others an interpretative declaration.
Possible draft model of a unilateral interpretative declaration pursuant to article 31(3)(a) of the Vienna Convention could read as follows.
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.
If not, the declaration is a simple interpretative declaration; if so, it is a conditional interpretative declaration.
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.
The distinction between these two types of interpretative declaration was clearly and authoritatively drawn by Professor D. M. McRae in an important article published in 1978.
Form of declarations Since an interpretative declaration does not have a legal effect similar to that of a reservation, it need not be signed by a formal authority as long as it clearly emanates from the State concerned.
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.
Guideline 1.4 defined a conditional interpretative declaration as a unilateral statement whereby its author subjected its consent to be bound by the treaty to a specific interpretation of the treaty or of certain provisions thereof.
However, the second paragraph recommended that, in recharacterizing an interpretative declaration as a reservation, States and international organizations should take into account guidelines 1.3 to 1.3.3, which indicated the criteria for distinguishing between reservations and interpretative declarations. .