在 英语 中使用 To interpretative declarations 的示例及其翻译为 中文
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Chapter IV: Formulation and withdrawal of acceptances of and objections to reservations and of reactions to interpretative declarations(" reservations dialogue").
Therefore it was not advisable to extend to interpretative declarations, mutatis mutandis, the same procedural and substantive requirements applicable to reservations.
With regard to interpretative declarations, there was no general rule on the value of silence as a means of reacting, nor was there a general legitimate expectation of an express reaction.
The following guidelines, which refer in general terms to interpretative declarations without distinguishing between the two categories into which they are divided, apply to both categories.".
The succession of States to treaties may also raise questions with regard to interpretative declarations, on which the 1978 Vienna Convention is as silent as the 1969 and 1986 Conventions.
According to another point of view, the subject of reactions to interpretative declarations was not ripe for codification and went beyond the original mandate of the topic.
In addition, uncertainty about the effect of silence on a specific interpretative declaration could lead to the undesirable result that States would increasingly lodge and object to interpretative declarations.
While an opposition made by way of proposing an alternative interpretation was treated as an interpretative declaration by itself, a simple opposition to interpretative declarations should not be treated as such.
(5) Thus, since it is not possible to proceed by analogy with reservations, the issue of whether, in the absence of an express reaction, there is a presumption of approval of or opposition to interpretative declarations remains unresolved.
It was pointed out that the reference in draft guideline 2.9.7 to draft guideline 2.1.6 should be deleted, since it related to a time limit that did not apply to interpretative declarations.
However, this does not in itself mean that the regime for reactions to interpretative declarations should be identical to the one for reactions to(acceptance of and objection to) reservations.
Regarding draft guideline 3.6, Malaysia considered that reactions to interpretative declarations should not be subjected to conditions of permissibility: States should be able to maintain their freedom to express their views.
The second question that arises with respect to interpretative declarations concerns the successor State' s capacity to formulate interpretative declarations, including declarations that the predecessor State did not formulate.
Observation 2008 The classification of different reactions to interpretative declarations seems quite acceptable and encompasses the various scenarios encountered in practice: silence, approval, opposition and recharacterization.
Draft guideline 3.6 stated that reactions to interpretative declarations(approval, opposition or reclassification) were not subject to any conditions for" substantive validity".
It would therefore be reasonable to transpose draft guidelines 2.2.1 and 2.2.2 to interpretative declarations and to combine them, as in the case of the alternative proposed in paragraph 258 above for reservations.
That step in the process of reacting to interpretative declarations had not been identified as a specific stage or properly understood; the Commission' s work had clarified the issue.
However, guidelines 2.9.1 and 2.9.2, on approval of and opposition to interpretative declarations, somewhat overshot their commendable goal, and their introduction risked compromising the practical relevance of the Guide.
It would be hard to justify making it so, for that would make reactions to interpretative declarations subject to stricter formal and procedural requirements than interpretative declarations themselves.
Lastly, his delegation' s comments regarding recharacterization were also applicable to draft guideline 3.5.1(Conditions of validity applicable to interpretative declarations recharacterized as reservations).