下一行中的“包括有关保留”一语应直接加在“具体条款”一词之后。
In the next line, the words “including the reservation in question” should be added immediately after the words “specified provisions”.
同一措词还应加在第三行末尾。
The same words should be added at the end of the third line as well; in that case, however, the reservation in question could not be considered to be “expressly” prohibited by the treaty.
但就此而言,不应认为条约“明确”禁止有关保留。
The same words should be added at the end of the third line as well; in that case, however, the reservation in question could not be considered to be “expressly” prohibited by the treaty.
61. 委员会报告第390段第二句证实了危地马拉代表团的看法,即不符合条约目的和宗旨的保留实际上会阻止保留国成为条约缔约国。
The second sentence of paragraph 390 of the Commission's report confirmed his delegation's view that a reservation that was incompatible with the object and purpose of the treaty would ipso facto preclude the reserving State from becoming a party to the treaty.
因此,以不符合条约目的和宗旨为由对保留提出的任何反对意见都应表明,反对国没有将保留国视为有关条约缔约国。
Consequently, any objection to a reservation based on the argument that it was incompatible with the object and purpose of the treaty should indicate that the objecting State considered the reserving State as not being a party to the treaty in question.
同样,尽管在某些情况下,可以采取类比的方式,对这类反对适用《维也纳公约》第二部分第2节中有关反对保留的规则,不过,对保留的反对原则上不受这些规则制约。
By the same token, although in some cases the rules on objections to reservations contained in part II, section 2, of the Vienna Conventions might apply, by analogy, to such objections, they were not in principle subject to those rules.
62. 关于不符合条约目的和宗旨的保留造成的影响的问题引起了严重关切。
The issue of the effects of a reservation that was incompatible with the object and purpose of the treaty raised serious concerns.
如果各国都采纳北欧国家提倡的做法,将不相符的保留与条约分开,上述问题可能不复存在。
The problem might disappear if all States adopted the practice advocated by the Nordic countries of severing incompatible reservations.
但是,这种做法是否普遍适用令人十分怀疑。
It was extremely doubtful, however, that such a practice could be universally applied.
63. 委员会报告第371段似乎表明,一项条约有可能明示或默示允许作出不符合其目的和宗旨的保留。
Paragraph 371 of the Commission's report seemed to point to the possibility that a treaty might, either expressly or implicitly, allow reservations that were incompatible with its object and purpose.
而不符合有关条约目的和宗旨的保留是永远不能允许的。
A reservation that was incompatible with the object and purpose of the treaty in question should never be considered permissible; guidelines 3.1.3 and 3.1.4 were therefore unnecessary.
因此,准则3.1.3和3.1.4是没有必要的。
A reservation that was incompatible with the object and purpose of the treaty in question should never be considered permissible; guidelines 3.1.3 and 3.1.4 were therefore unnecessary.
64. 关于准则3.1.2,他的代表团同意报告第404段最后一句,不过该句还应提及西班牙文和法文版本。
With regard to guideline 3.1.2, his delegation agreed with the last sentence of paragraph 404 of the report, except that it should also refer to the Spanish and French versions.
65. 关于为确定条约目的和宗旨制定一项一般规则的问题,他的代表团同意报告第416段最后一句的内容。
On the question of formulating a general rule for determining the object and purpose of a treaty, his delegation agreed with the last sentence of paragraph 416 of the report.
似乎存在这样的倾向,即通过的一些准则超出了实践指南范围,变成了对《维也纳公约》所载关于保留问题的条款的解释。
There seemed to be a tendency to adopt guidelines that went beyond the scope of a guide to practice and into the sphere of interpretation of the provisions on reservations contained in the Vienna Conventions.
If the General Assembly adopted such guidelines, it would be engaging in an exercise of interpretation.
如果大会通过这类准则,它会进行解释工作,这有助于国际法的发展,不过,也有可能造成一些问题。
While that could be a useful development of international law, interpretive guidelines could also create problems.
66. Pasheniuk女士(乌克兰)表示希望委员会在从事的关于对条约的保留方面的编纂工作能导致通过一组条款以管制国际法该重要领域。
Ms. Pasheniuk (Ukraine) expressed the hope that the codification exercise in respect of reservations to treaties in which the Commission was engaged would lead to the adoption of a set of provisions to regulate that important area of international law.
作为1969年和1986年维也纳公约的缔约国,乌克兰支持传统的意见,就是鉴于1969年维也纳公约第19至第23条,在签署、批准、接受、核可或加入条约之后提出的保留之外的办法、对保留的修改或迟提出的保留,都不应该视为保留。
As a party to the Vienna Conventions of 1969 and 1986, Ukraine supported the traditional view that in the light of articles 19 to 23 of the 1969 Vienna Convention, alternatives to reservations, modifications to reservations or late reservations made after signing, ratifying, accepting, approving or acceding to treaties should not be considered as reservations.
如果对保留的修改不构成退约或部分退约,则应构成新的保留,必须获得条约其他当事方的接受。
If a modification to a reservation did not constitute a withdrawal or partial withdrawal it should constitute a new reservation which would require acceptance by the other parties to the treaty.
67. 把反对迟的保留或对保留的修改的90天期限延长到12个月的做法,必须符合1969年维也纳公约第77条第1(c)和1(e)段以及第78条,如果条约另外无规定。
The practice of extending the 90-day period for objections to late reservations or modifications to reservations to 12 months must be compatible with article 77, paragraphs 1 (c) and 1 (e) and article 78 of the 1969 Vienna Convention, if otherwise not provided for by a treaty.
在前述期间没有反对此种保留不应解释为乌克兰默许此种保留。
The absence of objections to such kinds of reservations in the aforementioned period should not be interpreted as the tacit consent of Ukraine to such reservations.
与此同时,乌克兰认为不应忽视此种函文,尤其是保存机构的忽视,而且委员会应深入研究这个问题,以便发展一个可以应用于此种情况的程序。
At the same time, Ukraine believed that such communications should not be ignored, especially by the depositary, and that the issue should be examined in depth by the Commission in order to develop a procedure which could be applied to such situations.
此种程序应由1969年维也纳公约第39条至第41条加以管制。
Such procedures should be regulated by articles 39 to 41 of the 1969 Vienna Convention.
68. Belliard女士(法国)提到特别报告员关于“对条约的保留”的第十次报告(A/CN.4/558),她说,法国代表团喜欢“可反对”这个词甚于“效力”的概念不是真正地中立,“可反对”的想法较能反映在拟订某项保留后所产生的保留国和其他缔约方之间关系的实际情况。
Ms. Belliard (France), referring to the tenth report of the Special Rapporteur for the topic “reservations to treaties” (A/CN.4/558), said that her delegation preferred the term “opposability” to “validity”.
The concept of “validity” was not really neutral, and the idea of “opposability” better reflected the reality of the relations between a reserving State and the other contracting parties which would result from the formulation of a reservation.