Examples of using Simple interpretative in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
Unlike reservations, simple interpretative declarations place no conditions on the expression by a State or international organization of its consent to be bound; they simply attempt to anticipate any dispute that may arise concerning the interpretation of the treaty. The declarant" sets a date", in a sense; it gives notice that, should a dispute arise, its interpretation will be such, but it does not make that point a condition for its participation in the treaty.
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.
As to the equally important distinction between simple interpretative declarations and conditional interpretative declarations, it, too, is based on the declarant ' s intentions: in both cases, the author seeks to interpret the treaty, but in the first, the interpretation in question is
Since the rules relating to the modification of a simple interpretative declaration are the same as those relating to their formulation, the Special Rapporteur suggested that it would probably be enough to make slight changes in the text of and the commentaries to draft guidelines 2.4.3 and 2.4.6(which have already been adopted) so that they combine the formulation and the modification of interpretative declarations.
However, precisely because they may in principle be formulated at any time, simple interpretative declarations pose a particular problem not encountered in the case of reservations and which does not arise in the case of conditional interpretative declarations either: what happens in cases where the treaty to which they apply expressly provides that they may be
Clearly, simple interpretative declarations did not require confirmation.
Similarly, simple interpretative declarations can be modified at any time draft.
The modification of simple interpretative declarations should be possible at any time.
Simple interpretative declarations(as opposed to conditional interpretative declarations) also called for comment.
Thus, restrictions on the admissibility of simple interpretative declarations may only derive from the treaty itself.
Portugal shares the view that conditional interpretative declarations cannot be regarded as simple interpretative declarations.
Support was expressed for the distinction drawn by the Special Rapporteur between conditional and simple interpretative declarations.
(14) The method indicated in guideline 1.3.1 can be transposed to the distinction between simple interpretative declarations and conditional interpretative declarations.
The same could not be said, however, of a simple interpretative declaration, which could certainly produce legal effects, but only through estoppel.
Several States felt that the latter were closer to reservations than to simple interpretative declarations, while others insisted that the two concepts were different.
Reactions to conditional interpretative declarations were thus more akin to acceptances of or objections to a reservation than to reactions to a simple interpretative declaration.
With regard to draft guideline 2.9.10, on reactions to conditional interpretative declarations, his delegation shared the view that such declarations were different from simple interpretative declarations.
If the Commission ultimately decided to make a distinction between simple interpretative declarations and conditional interpretative declarations, draft guideline 3.5.2 could be acceptable for reasons of legal security.
The Commission ' s general approach to late objections(draft guideline 2.6.15) was endorsed, although it was suggested that late objections could be equated with simple interpretative declarations.
Since estoppel was entirely alien to the law of treaties, there was no justification for including simple interpretative declarations in the framework of the draft articles on reservations to treaties.