Part four. Interpretative rules

Well, you could fit it into a range of different interpretative frameworks.

If it was a purely interpretative instrument, he wondered what purpose it would serve.

The interpretative declaration of the New York Convention is not considered to have binding force.

My delegation will reaffirm those interpretative criteria in the deliberations to be held to establish the Peacebuilding Commission.

Concerning the second option of an interpretative authoritative statement, the sponsor delegation noted that this was not without precedent.

As an interpretative tool, the principle expresses the nature of a treaty as an agreement governed by international law .

As the draft convention was an interpretative instrument he wondered whether there was any need to include draft article 3.

One delegation suggested that States that were not in favour of an independent offence could make an interpretative declaration on ratifying the instrument.

Mr. Lavalle Valdés (Guatemala) said that the fact that his delegation had not commented on the interpretative declaration made by Venezuela did not necessarily signify agreement.

In June 2004 the Hong Kong Monetary Authority issued a revised supplement to the Guideline on the Prevention of Money Laundering ( Supplement ) together with its accompanying Interpretative Notes.

In the present context, such an interpretative statement could take the form of a paragraph in a preamble to the present draft protocol or could be dealt with separately.

Mr. Bellenger (France) said that he was not familiar with the concept of an interpretative convention and he wished to know what text the draft convention was supposed to be interpreting.

Several delegations were opposed to the inclusion of such a provision, pointing out that the intended effect could be achieved by means of an interpretative declaration made by the State at the time of ratification.

The Study Group welcomed the revised paper by Mr. Mansfield, endorsing in general terms the adoption of an interpretative approach to article 31 (3) (c) that may be of practical use to judges and administrators.

This overview would not be complete without some mention of reservations and interpretative declarations, which have already been the subject of debate in the Sub Commission on the basis of studies carried out by Ms. Françoise Hampson.

The Interpretative Notes have been developed, in collaboration with the banking industry, to provide practical guidance on implementing the requirements of the Supplement and explain the use of a risk based approach in various due diligence processes.

But as Judge Mohamed Shahabuddeen has remarked in another setting, some of those statements lean towards interpretative declarations, i.e., they are worded as clarifications as to what the Covenant is assumed to mean in the first place.

The sponsor delegation noted that, procedurally, there were three possibilities, namely, (a) an amendment of the Convention (b) an interpretative authoritative statement and (c) an additional protocol, which would be elaborated in the context of an extended mandate of the Ad Hoc Committee.

The Commission noted that the Working Group had not reached consensus on whether to prepare an amending protocol or an interpretative instrument to the New York Convention and that both options should be kept open for consideration by the Working Group or the Commission at a later stage.

The Commission noted that the Working Group had not reached consensus on whether to prepare an amending protocol or an interpretative instrument to the New York Convention and that both options should be kept open for consideration by the Working Group or the Commission at a later stage.

Nor do the memoranda of understanding drawn up by national financial regulators offer hope of salvation. According to the FMLC paper, they are usually the subject of interpretative disagreement, are not legally binding, do not benefit from any binding dispute resolution mechanisms, and do not prevent national authorities from acting unilaterally.

If several rules from different sources (treaty, custom, general principles) might be applicable, the view, also expressed last year, was reiterated that though there was no formal hierarchy between the legal sources, lawyers tended to look first at treaties, then customary rules and then general principles in seeking answers to interpretative problems.

With regard to the writing requirement, the Commission noted that the Working Group had considered the draft model legislative provision revising article 7, paragraph (2), of the Model Law (A CN.9 WG.II WP.118, para. 9) and discussed a draft interpretative instrument regarding article II, paragraph (2), of the New York Convention (ibid., paras. 25 26).

He said that interpretative declarations made by delegations must be in line with the provisions of the Vienna Convention on the Law of Treaties on the interpretation of treaties (even if those declarations were made by States which were not parties to the Convention), as the latter was considered to be part of customary international law.

Ms. Taj El Dine (Bolivarian Republic of Venezuela) said that, although her delegation would join the consensus in adopting the draft resolution in the interest of extending the scope of legal protection to United Nations and associated personnel in situations of exceptional risk, it wished to make an interpretative declaration concerning three aspects of the draft resolution and the annexed draft optional protocol.

Although many of the provisions of the draft convention, such as part of draft article 8 and most of draft article 9, were interpretative, some articles, notably draft article 10 on time and place of dispatch and receipt of electronic communications, and draft article 14 on error in electronic communications, had practical consequences in terms of specifying a default provision in the absence of any contractual provision.

According to the interpretative notes for the official records (travaux préparatoires) of the negotiation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, the words other bodies in article 7, paragraph 1 (a), of the Convention may be understood to include intermediaries, which in some jurisdictions may include stockbroking firms, other securities dealers, currency exchange bureaux or currency brokers (see A 55 383 Add.1, para.

At its thirty sixth session (New York, 4 8 March 2002), the Working Group continued its review of a draft uniform provision on the writing requirement (revision of article 7, paragraph (2), of the Model Law) (on the basis of document A CN.9 WG.II WP.118, para. 9) and discussed a draft interpretative instrument regarding article II, paragraph (2), of the New York Convention (on the basis of document A CN.9 WG.II WP.118, paras. 25 26).