Examples of using To an interpretative declaration in English and their translations into Arabic
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In determining how much weight should be given to an interpretative declaration in the interpretation of the treaty, approval of and opposition to it by the other contracting States and contracting organization shall be duly taken into account.
In the absence of any explanation, however, it was difficult to know what meaning should be read into a State ' s silence in response to an interpretative declaration; that was presumably the reason for the dearth of State practice.
Indeed, there was good reason to assert that the two reactions did not produce similar effects, although reclassification might sometimes be seen as a consequence of opposition to an interpretative declaration.
legal effect actually produced, could be used to denote a positive reaction to an interpretative declaration.
Based on the model adopted for the definition of objections, draft guideline 2.9.2 could define such opposition to an interpretative declaration as the intention of, and effect anticipated by, its author, as follows.
Draft guideline 2.9.2 received support from several members, although doubts were expressed about the final reference to the" effect" of the interpretation being challenged, which narrowed the distinction between opposition to an interpretative declaration and objection to a reservation.
stipulated that account must be taken in interpreting the treaty of reactions(approval or opposition) to an interpretative declaration.
Thus, it would be extremely difficult to determine whether a State had not reacted to an interpretative declaration because the declaration was not relevant to its interests
With respect to guideline 2.9.2(Opposition to an interpretative declaration), his delegation approved the decision to use a separate term(" opposition") to denote a negative reaction to an interpretative declaration and to reserve the term" objection" to denote a negative reaction to a reservation.
All these examples show that a negative reaction to an interpretative declaration can take varying forms: it can be a refusal, purely
In particular, Argentina concurred with the proposed text defining opposition to an interpretative declaration included in draft guideline 2.9.2, whereby a State did not have to limit itself to merely rejecting the interpretation proposed in the interpretative declaration, but could propose another interpretation.
although silence is not in principle equivalent to approval of or acquiescence to an interpretative declaration, in some circumstances the silent State may be considered as having acquiesced to the declaration by reason of its conduct or lack of conduct
(11) All these examples show that a negative reaction to an interpretative declaration can take varying forms: it can be an out and out rejection of
But this provision does not define the" conduct" in question and it seems extremely difficult, if not impossible, to determine in advance the circumstances in which a State or an organization is bound to protest expressly in order to avoid being considered as having acquiesced to an interpretative declaration or to a practice that has been established on the basis of such a declaration. .
(4) Although silence is not in principle equivalent to approval of or acquiescence to an interpretative declaration, it is conceivable that, in some circumstances,
(8) However, this provision does not define the" conduct" in question, and it would seem extremely difficult, if not impossible, to determine in advance the circumstances in which a State or an organization is bound to protest expressly in order to avoid being considered as having acquiesced to an interpretative declaration or to a practice that has been established on the basis of such a declaration. .
Opposition" to an interpretative declaration means a unilateral statement made by a State or an international organization in reaction to an interpretative declaration in respect of a treaty formulated by another State or another international organization, whereby the former State or organization rejects the interpretation formulated in the interpretative declaration, including by formulating an alternative interpretation.
In principle, therefore, silence in response to an interpretative declaration should not be construed as approval or acquiescence in respect of the declaration, and the text of guideline 2.9.9 in its current form and the commentary thereto suitably reflected his delegation ' s concerns.