Примеры использования Bases of jurisdiction на Английском языке и их переводы на Русский язык
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Official
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Colloquial
No additional bases of jurisdiction.
Preliminary objections could arise in respect of any of those bases of jurisdiction.
Dismisses the additional bases of jurisdiction invoked by the Republic of Bosnia-Herzegovina;
Draft article 70(Actions against the maritime performing party) anddraft article 71 No additional bases of jurisdiction.
The Court dismissed, by 14 votes to 1, the additional bases of jurisdiction invoked by Bosnia and Herzegovina.
The bases of jurisdiction were territoriality, nationality, passive personality and the protective principle and, last, the universal principle.
The structure of such a measure would have to be compatible with the Convention,which sets up both mandatory and permissive bases of jurisdiction.
States parties can establish additional bases of jurisdiction without prejudice to norms of general international law and in accordance with the principles of their domestic law.
Article 7, paragraph 1, of the 1999 Financing of Terrorism Convention sets forth the same obligatory bases of jurisdiction as does the 1997 Terrorist Bombings Convention.
Territoriality and personality should remain the main bases of jurisdiction; for instance, States must investigate and prosecute war crimes allegedly committed on their territory or by their own nationals.
List of crimes mentioned in the comments by Governments, concerning which universal jurisdiction(including other bases of jurisdiction) is established by the codes.
Exchanges with concerned stakeholders were held on the bases of jurisdiction for prosecuting serious international humanitarian law violations, including universal jurisdiction. .
List of crimes mentioned in the comments by Governments, concerning which universal jurisdiction(including other bases of jurisdiction) is established by their codes.
Section 8 of the Crimes Against Humanity andWar Crimes Act sets out the bases of jurisdiction for Canada to be able to prosecute the offences of genocide, crimes against humanity, war crimes and breaches of responsibility that have been committed outside of Canada.
In addition, some conventions indicate that States parties"may also" establish their jurisdiction over the offence in other cases,thus providing for further voluntary bases of jurisdiction.
The UNODC Model Legislative Provisions against Terrorism provide draft proposals listing all the bases of jurisdiction, in chapter 3, article 26, and detailing the obligation to prosecute or extradite, in article 55.
In this regard, it was said that the grounds of jurisdiction that were the subject of subparagraph(a) and the first part of subparagraph(b)should be included in the paragraph that set out the mandatory bases of jurisdiction ibid.
It was suggested that the inclusion of the port where goodswere initially loaded and finally discharged from a ship as additional bases of jurisdiction was particularly important in the context of door-to-door contracts of carriage, since it provided benefits to both the carrier and the cargo claimant.
The Working Group should then address the question of the kinds of crimes to whichit would apply and its subsidiary character vis-à-vis territoriality and personality as bases of jurisdiction.
Several delegations had suggested that the word"exceptional" was ambiguous, leaving it uncertain whether"exceptional" referred to the frequency of the invocation of universal jurisdiction, the exceptionality of its application,its relationship with other bases of jurisdiction as a form of residual, supplementary or complementary jurisdiction, or a form of jurisdictional basis of last resort, or whether the element sought to restrict the exercise of universal jurisdiction to international law violations of an exceptional character.
This enabling provision was expanded by the Judicial Power Organization Act No. 6/1985 of 1 July, which includes universal jurisdiction, although without referring to it as such, as one of the bases of jurisdiction of Spanish judges and courts.
In addition, the view was expressed that the contract of carriage might only provide for delivery to a port in a particular area only, or not specify any port at all, andthat the contractual port of discharge would thus not provide the desired certainty with respect to possible bases of jurisdiction.
The view was expressed that paragraph 1 of that article should be recast as two separate paragraphs in the manner of article 6 of the Terrorist Bombings Convention, one paragraph setting out mandatory bases of jurisdiction and the other setting out bases of jurisdiction which were optional in nature see A/AC.252/1998/WP.15 and 17.
Universal jurisdiction involved a criterion for the attribution of jurisdiction, whereas the obligation to extradite or prosecute was an obligation that was discharged once the accused was extradited oronce the State decided to prosecute an accused based on any of the existing bases of jurisdiction.
Another view was that arbitration should be available to the parties to a dispute, butthat it should not be capable of being used by parties in order to circumvent the bases of jurisdiction set out in draft article 75 of the draft convention.
On substance, further research could be done on whether the accused must be present in the State exercising universal jurisdiction(as was the case in her country) andon the relationship between universal jurisdiction and other bases of jurisdiction, such as territoriality.
Her delegation was pleased to note that, when States incorporated the crimes set forth in the RomeStatute into their domestic law in order to be in a position to prosecute them, they did not usually make a distinction between the various bases of jurisdiction that could apply.
The issues to be clarified could include the question of whether the presence of an accused person in the State exercising jurisdiction was a prerequisite, as it was under the International Crimes Act in the Netherlands, andthe relationship between universal jurisdiction and other bases of jurisdiction, including territoriality.
In that Judgment(see above, para. 130), the Court rejected the preliminary objections raised by Yugoslavia and found that it had jurisdiction to deal with the case on the basis of Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide,dismissing the additional bases of jurisdiction invoked by Bosnia and Herzegovina.
Nearly all of the above-mentioned conventions provide that States parties"shall take such measures as may be necessary to establish their jurisdiction" over the offence when they have a special link with that offence(e.g., when the offence was committed in their territory oragainst one of their nationals): these obligatory bases of jurisdiction vary depending on the characteristics of the offence concerned.