Furthermore, the terms permissibility impermissibility could be misleading, given their relationship to the topic of State responsibility.

XXIII.1, p. 356). For other examples and for a discussion of the permissibility of this practice, see below.

The permissibility of exercising diplomatic protection should not depend on circumstances that could be objectively established only at the stage of examination of the merits.

It saw merit in the use of validity instead of admissibility or permissibility in respect of reservations running counter to the object and purpose of the treaty.

The debate moves on to an entirely different level, however, if the question becomes the permissibility of a given reservation under the treaty itself or under international law in general.

In his tenth report (A CN.4 558 and Add.1), the Special Rapporteur had proposed using the term validity instead of controversial terms such as permissibility , admissibility and opposability .

The definitions of unilateral statements included in the present chapter of the Guide to Practice are without prejudice to the permissibility and effects of such statements under the rules applicable to them.

The Special Rapporteur clearly preferred the words validity invalidity , which were entirely neutral, to the other terms proposed, such as admissibility inadmissibility , permissibility impermissibility or opposability non opposability , which had strong doctrinal connotations.

With regard to draft guidelines 1.6 and 2.1.8 (already adopted), the Commission could replace the word permissibility with validity in the former and the word impermissible with the word invalid in the latter.

Substantive issues Freedom of thought and conscience Freedom of opinion Freedom of expression Permissibility of restrictions on freedom of association Right to equality before the law and to equal protection of the law

Referring to the Special Rapporteur's tenth report (A CN.4 558 and Add.1), he noted that the idea of the validity of reservations was applied in the context of the admissibility permissibility of reservations.

The importance of the vexed terminological issue of the use of validity versus permissibility might have been overstated the answer might become clear once the overall structure of that part of the draft guidelines was complete.

Although Sir Derek Bowett had urged the Commission to use the terms permissible impermissible and the Commission had initially followed his lead, the Special Rapporteur thought that a reservation could be valid or invalid on grounds other than permissibility .

The Study Group had noted that the issue of normative hierarchy was closely linked to other topics, in that it governed the permissibility of particular agreements as leges specialis, as subsequent agreements or as inter se modification of multilateral treaties.

In addition, the continued application of some customary laws, including the permissibility of polygamous marriages, undermines the scope of the non discrimination provisions in the Constitution and other legislative texts (articles 2, 3, 23, 24 and 26 of the Covenant).

Thus, the principal ground of appeal was that the judge, in his summing up to the jury, misdirected the jurors on the issue of identification evidence and permissibility of dock identification, and that he erred in not pointing out the dangers inherent in such methods of identification.

The doctrinal battle pitted the proponents of permissibility, who thought that a reservation could be intrinsically invalid by being contrary to the object and purpose of the treaty, against the advocates of opposability, for whom the reservations regime was governed in its entirety by the reactions of other States.

Compliance with article 19 was one of the conditions for the validity of a reservation, but it was not the sole condition, and it therefore seemed that neither the permissibility school (which focused on article 19 to the exclusion of all other considerations) nor the opposability school (which was interested solely in article 20) provided an account of the legal regime of reservations in all its enormous complexity.