Examples of using To interpretative declarations in English and their translations into Arabic
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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.
In response to the questions posed by the Commission concerning reactions to interpretative declarations under the topic" Reservations to treaties", his delegation would like to make some preliminary comments.
A very different problem arises with regard to interpretative declarations purporting to specify or clarify the meaning
(1) The silence of the Vienna Conventions on the Law of Treaties extends a fortiori to interpretative declarations made in respect of bilateral treaties:
(1) The succession of States to treaties may also raise questions with regard to interpretative declarations, on which the 1978 Vienna Convention, despite an unsuccessful attempt at an amendment, is as silent as the 1969 and 1986 Conventions.
Although such declarations were closer to reservations than to interpretative declarations in that they sought to produce a legal effect on the provisions of the treaty, the Commission did not believe
The Special Rapporteur distinguished four sorts of reactions to interpretative declarations: approval, disapproval, silence and reclassification, the latter being when the State concerned expressed the view that an interpretative declaration was in fact a reservation.
The Special Rapporteur therefore preferred to use the terms" approval" and" opposition" to denote reactions to interpretative declarations, as distinct from the terms" acceptance" and" objection" employed in the case of reactions to reservations.
In guideline 1.7.2(Alternatives to interpretative declarations), the phrase" the conclusion of a supplementary agreement", for example, created the potential for confusion with similar concepts used in guideline 1.7.1(Alternatives to reservations).
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.
The rationale was that no rule of tacit approval comparable to that laid down in article 20, paragraph 5, of the Vienna Conventions with respect to reservations existed with respect to interpretative declarations.
With respect to interpretative declarations and reactions to such declarations, it was sufficient to provide, as the Special Rapporteur had done in draft guideline 3.5, that a State could formulate an interpretative declaration unless such a declaration was prohibited by the treaty.
While a cautious approach was recommended with respect to interpretative declarations, some delegations welcomed their inclusion in the Guide to Practice; it was also suggested that further clarification be sought regarding the legal effects of interpretative declarations. .
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
recent practice showed that States frequently resorted to interpretative declarations, particularly in connection with treaties that did not allow reservations.
In view of these considerations, a draft guideline 2.9.1 worded as follows could be placed at the beginning of section 2.9(Formulation of reactions to interpretative declarations) to define the expression" approval of an interpretative declaration".
he is hesitant to propose a draft guideline reflecting them because the Commission has not adopted equivalent guidelines with respect to interpretative declarations themselves.
(6) The similarity between the wording of guidelines 1.1.5 and 1.2.1 does not mean that the same legal regime is applicable to interpretative declarations formulated jointly, on the one hand, and to reservations formulated jointly, on the other.
(5) It therefore seemed desirable to include in the Guide to Practice a provision on alternatives to interpretative declarations, if only for the sake of symmetry with guideline 1.7.1 on alternatives to reservations.
(1) Guideline 2.4.2 transposes and adapts to interpretative declarations, as defined by guideline 1.2, the provisions of guideline 2.1.3 on representation for the purpose of formulating a reservation at the international level.