Examples of using To an interpretative declaration in English and their translations into Chinese
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In particular, approval of or opposition to an interpretative declaration should themselves be seen as independent declarations, and that more detailed guidelines should be elaborated on that issue.
Malaysia is of the view that the approval of or opposition to an interpretative declaration should not determine the weight to be given to the interpretative declaration but be regarded merely as an aid to interpret a treaty.
In the case of a" true" interpretative declaration, draft guideline 2.9.8 was a prudent inclusion, as it stated the obvious fact that neither approval of nor opposition to an interpretative declaration should be presumed.
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.
The view was expressed that the legal consequences of silence in response to an interpretative declaration should be assessed in the light of article 31, paragraph 3(a), of the Vienna Convention.
States or international organizations that had consented to an interpretative declaration should not be able to invalidate that declaration as the result of a subsequent agreement between them and the formulator of an interpretative declaration. .
With regard to the consequences of silence as a response to an interpretative declaration, particularly in situations where a State had made both reservations and interpretative declarations, silence just meant silence.
Draft guidelines 2.9.8, on non-presumption of approval or opposition, and 2.9.9, on silence in response to an interpretative declaration, dealt with two different but related questions.
Silence with respect to an interpretative declaration was addressed in guideline 2.9.9, which stated, in the first paragraph, that approval should not be inferred from mere silence.
It is noted that draft guideline 4.7.1 provides that an approval of or opposition to an interpretative declaration can be considered in treaty interpretation in order to determine the weight to be given to the said interpretative declaration. .
Regarding guideline 2.9.9(Silence with respect to an interpretative declaration), in most cases silence merely denoted a lack of relevance to the affairs of the non-responding State, rather than approval or opposition.
In general, he agreed with the Special Rapporteur' s conclusions expressed in guidelines 2.9.8(nonpresumption of approval or opposition) and 2.9.9(silence with respect to an interpretative declaration).
Guideline 4.7.1 established the function of an interpretative declaration in clarifying the terms of a treaty and stipulated that account must be taken in interpreting the treaty of reactions(approval or opposition) to an interpretative declaration.
Opposition to an interpretative declaration.
Neither approval of nor opposition to an interpretative declaration shall be presumed.
Several delegations agreed that consent to an interpretative declaration should not be inferred from silence.
Furthermore, States that did not react to an interpretative declaration usually did not explain their reasons.
Acquiescence to an interpretative declaration by the other parties to the treaty, however, radically alters the situation.
The view was expressed that silence in response to an interpretative declaration denoted indifference rather than approval or opposition.
The term" approval", which expresses the idea of agreement or acquiescence without prejudging the legal effect actually produced, could be used to denote a positive reaction to an interpretative declaration.