Примеры использования Adoption of countermeasures на Английском языке и их переводы на Русский язык
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The adoption of countermeasures against an international organization by its members may be precluded by the rules of the organization.
It is incongruous to include among those values the private interests of States orinternational organizations that allow the adoption of countermeasures.
The question also rose as to whether the objectives underlying the adoption of countermeasures should be taken into consideration in assessing the degree of proportionality.
This makes the category of"fundamental human rights"a rather imprecise one, and this imprecision could leave room for discretion in the adoption of countermeasures.
The said draft articles do not cover the disputes possibly arising following the adoption of countermeasures against a State which has committed or is committing a crime.
He was satisfied with the Commission's approach to the use of certain means of international dispute settlement in relation to the adoption of countermeasures.
With regard to article 58, paragraph 2, her delegation agreed with the Commission that the adoption of countermeasures should not be linked to the right to take the initiative in submitting a dispute to arbitration.
Unilateral assessment of the wrongfulness of an act is also questionable,as it could easily give rise to the establishment of subjective criteria for the adoption of countermeasures.
Only cover the settlement of disputes following the adoption of countermeasures against a State which committed a wrongful act of the kind characterized as delict in article 17 of Part One.
Part three of the draft articles, which dealt with dispute settlement procedures, should not be limited to potential disputes,such as those concerning the adoption of countermeasures.
In addition, it should be emphasized that armed countermeasures were prohibited and that the adoption of countermeasures could not justify non-compliance with rules of jus cogens involving human rights.
Having said that in general, certain provisions seem in practice to be scarcely relevant for international organizations,in particular those of article 50 on obligations that may not be affected by the adoption of countermeasures.
In many instances,procedures prior to the adoption of countermeasures might help to prevent escalation of measures and countermeasures which might be triggered by a relatively minor violation.
At the least, the text should clarify the meaning of the expression"reasonable means… in accordance with the rules of the organization",which would disallow the adoption of countermeasures against an organization.
It was unclear whether the system should apply only to disputes which arose after the adoption of countermeasures, should also cover disputes which arose before the adoption of countermeasures, or should apply to all the articles on State responsibility?
The current draft treated each member of the international community as an injured State, giving it the right to respond,including through the adoption of countermeasures, which, it must be admitted, posed a particularly high risk of abuse.
It should also make the adoption of countermeasures conditional on the absence of effective dispute settlement mechanisms since consultations with international organizations or participation in their deliberations did not always lead to the proper settlement of claims.
Should, for instance,a resolution adopted by the Security Council under Chapter VII of the Charter exclude the adoption of countermeasures against a certain State, neither States nor international organizations could lawfully resort to those countermeasures. .
Considering the gravity of international crimes of States, the procedure which commends itself for any disputes arising between two ormore States following the adoption of countermeasures as a consequence of an international crime is judicial settlement before the International Court of Justice.
It was, however, subject to an important exception in article 5,paragraph 2, concerning disputes following the adoption of countermeasures: the State against which countermeasures had been taken could at any time initiate arbitration by unilateral request.
Chile is in favour of the inclusion of a chapter on countermeasures, since there is no reason why an international organization which breaches an international obligation should be exempted from the adoption of countermeasures by an injured State or international organization to induce it to comply with its obligations.
Several representatives felt that the scope of the proposed regime was unclear andthe question was asked whether the intention was to cover only disputes arising from the adoption of countermeasures, or also disputes arising before the adoption of countermeasures, or to encompass the totality of the disputes which might arise from the future convention.
In applying by analogy the institution of countermeasures to the relations between international organizations and their member States,little account was taken of the fact that the process leading to the adoption of countermeasures by international organizations is fundamentally different from the process leading to the adoption of countermeasures by States.
Because of the fundamental differences between international organizations and States, the nature of the relationship between an international organization and its member States,the different processes leading to the adoption of countermeasures by States and by international organizations and the lack of relevant or conclusive practice, the Secretariat recommends that the chapter on countermeasures not be included in the articles on the responsibility of international organizations.
The article stipulated, however, that the taking of countermeasures was subject to the conditions and restrictions set out in articles 48 to 50, and that the adoption of such measures against a State which had committed a wrongful act should not affect the injured State's obligations towards a third State.
Countermeasures were one of the most controversial aspects of the question of State responsibility because they often served as a pretext for the adoption of unilateral measures such as armed reprisals and other types of intervention.
Adoption of the draft report, including recommendations for countermeasures.
However, the Commission decided not to formally submit articles on countermeasures to the General Assembly, pending the adoption of other articles on countermeasures and the submission of the relevant commentaries.
It was suggested that the interim measures should be defined in order toensure that they remained distinct from countermeasures and the conditions for the adoption of interim measures should also be specified, as the absence of any form of control was unacceptable.