Examples of using Conditional interpretative in English and their translations into Arabic
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Conditional interpretative declaration ' means a unilateral statement,
The classification of an interpretative declaration as a conditional interpretative declaration depends solely on the determination as to whether the declarant intended to subordinate its consent to be bound by the treaty to the interpretation that is the subject of the declaration.
His delegation proposed that a statement along the following lines should be added to the draft guideline:" Conditional interpretative declarations to a treaty are invalid when a treaty prohibits reservations to itself".
A conditional interpretative declaration could only constitute a reservation,
(9) If a State or international organization has made its interpretation a condition for its consent to be bound by the treaty, by formulating a conditional interpretative declaration within the meaning of guideline 1.4(Conditional interpretative declarations), the situation is slightly different.
as the question of the permissibility of an interpretative declaration should be distinguished from that of an impermissible reservation or conditional interpretative declaration.
Consequently, the instances in which a reservation might be formulated, which were outlined in draft guideline 1.1.2, adopted in 1998, could be transposed to the formulation of conditional interpretative declarations.
Ms. Zabolotskaya(Russian Federation) said, with regard to reservations to treaties, that her delegation supported the current formulations of draft guidelines 2.3.5(" Widening of the scope of a reservation"), 2.4.9(" Modification of an interpretative declaration") and 2.5.13(" Withdrawal of a conditional interpretative declaration").
It was observed that a conditional interpretative declaration could only constitute a reservation if it was made at the right time
We can hardly proceed except by analogy with(or in contrast to) reservations, taking great care, of course, to distinguish conditional interpretative declarations from those that are not conditional. .
For example, its categorical wording leaves little doubt that the interpretative declaration made by Israel upon signing the International Convention Against the Taking of Hostages of 17 December 1979 should be considered a conditional interpretative declaration.
Subjecting conditional interpretative declarations, regardless of whether they are in fact reservations,
If formulated when negotiating, adopting or authenticating the text of the treaty or when signing the treaty subject to ratification, act of formal confirmation, acceptance or approval, a conditional interpretative declaration must be formally confirmed by the reserving State
Moreover, as the Vienna Convention contained no provisions on formal confirmation of conditional interpretative declarations formulated when signing a treaty
However, the point was made that if the conditional interpretative declaration was accepted by all the contracting parties
Where a treaty prohibits the formulation of interpretative declarations, a conditional interpretative declaration that proposes the" correct" interpretation must logically be considered non-valid,
However, it now seems fairly obvious that the legal regime of conditional interpretative declarations would be infinitely closer to that of reservations than would the rules applicable to simple interpretative declarations, which essentially fall under the“general rule of interpretation” codified in article 31 of the 1969 and 1986 Vienna Conventions.
Although it might be thought prima facie that the author of a conditional interpretative declaration is merely proposing a specific interpretation(not subject to conditions for validity), the effects of such unilateral statements are, in fact, made conditional by their authors upon one or more provisions of the treaty not being interpreted in the desired manner.
On the other hand, recent practice had shown that the difference between a conditional interpretative declaration and a reservation was far from clear, of which the interpretative declaration of States parties to the Treaty establishing the European Stability Mechanism of 2 February 2012 was an example.
However, bearing in mind the striking degree to which reservations overlap with conditional interpretative declarations, it would be preferable, before suggesting a definition for the latter, to explore the appropriateness of including in the definition of conditional interpretative declarations the ratione temporis element, which is an integral part of the definition of reservations.