Examples of using Definition of interpretative declarations in English and their translations into Arabic
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The draft guidelines were accompanied by commentaries and the first chapter was divided into six sections concerning: definition of reservations(sect. 1); definition of interpretative declarations(sect. 2); distinction between reservations and interpretative declarations(sect. 3); unilateral statements other than reservations and interpretative declarations(sect. 4); unilateral statements in respect of bilateral treaties(sect. 5) and scope of definitions(sect. 6).
It is clear from the comparison between the definition of interpretative declarations and that of reservations that whereas the latter are intended to modify the legal effect of the treaty
The second section of the first chapter of the Guide to practice concerned the definition of interpretative declarations(draft guideline 1.2). The definition adopted by the Commission filled a certain vacuum since both the 1969 and 1986 Vienna Conventions were silent on that matter.
It is clear from the comparison between the definition of interpretative declarations and that of reservations that whereas the latter are intended to modify the treaty
With the definition of reservations in order to extract, by means of comparison, the definition of interpretative declarations. At the same time this also makes it possible to distinguish both interpretative declarations and reservations from other unilateral declarations that fall into neither of these categories.
1986 Vienna Conventions and on which the guidelines relating to the definition of interpretative declarations and other unilateral declarations formulated with regard to a treaty are also based.
Firstly, this could be an opportunity to recall that a simple interpretative declaration may in principle be formulated at any time-- which none of the draft guidelines adopted so far currently do, other than draft guideline 1.2, which does so by omission, since it does not introduce any time element into the definition of interpretative declarations.
He endorsed the decision to treat the definition of interpretative declarations separately in the guidelines because, notwithstanding the silence of the 1969, 1978 and 1986 Vienna Conventions on that issue,
Indeed, it is one thing to determine whether a unilateral statement" purports to specify or clarify the meaning or scope of a treaty or of certain of its provisions"-- which corresponds to the definition of interpretative declaration-- and another to determine whether the interpretation thus proposed is valid, or, in other words, whether the meaning or scope attributed by the declarant to a treaty or to certain of its provisions is valid.
Definition of interpretative declarations(draft guidelines 1.2,
His delegation fully endorsed the Commission's definition of interpretative declarations and its underlying reasoning.
This problem relates to the substance of the applicable law and not to the definition of interpretative declarations.
The Special Rapporteur had proposed a positive definition of interpretative declarations containing elements that were common to reservations and to interpretative declarations. .
He was glad to note that the Commission was excluding the criterion of timing from its definition of interpretative declarations.
Despite the paucity of examples in the practice, the draft guideline seemed to flow logically from the very definition of interpretative declarations.
(4) For all that, and despite the paucity of convincing examples, guideline 2.4.8 seems to flow logically from the very definition of interpretative declarations.
(21) The Commission considered whether the temporal element which is present in the definition of reservations ought to be included in the definition of interpretative declarations.
For all that, and despite the paucity of convincing examples(known to the Special Rapporteur), the proposed draft guidelines above seem to flow logically from the very definition of interpretative declarations.
Under these circumstances, it would hardly seem possible to include in a general definition of interpretative declarations a specification of the time at which such a declaration is to be made.
However, owing to lack of time, there was only a very brief exchange of views on that part of the third report and only draft guideline 1.2, regarding the general definition of interpretative declarations, was referred to the Drafting Committee.