Примеры использования Causes of invalidity на Английском языке и их переводы на Русский язык
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Official
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Colloquial
Determining the causes of invalidity and measures for its prevention;
The comment was made that the title did not reflect the content of the guideline which related to the causes of invalidity.
Conditions of validity and causes of invalidity of unilateral acts.
Those causes of invalidity of treaties were applicable to unilateral acts as well and were appropriately included in draft article 5.
The addendum dealt with the conditions of validity and causes of invalidity, interpretation and classification of unilateral acts.
Undoubtedly, such causes of invalidity, provided for in the Vienna Convention of 1969, are also applicable to unilateral acts of States.
At the same time, the binding nature of unilateral acts was subject to conditions of validity and causes of invalidity, as identified by the Special Rapporteur in Part One of the draft articles.
Article 7 brought together the causes of invalidity of a unilateral act, which were nearly identical to those applied in the law of treaties, although they had been ordered somewhat differently for ease of consultation.
In another view, there were certain common aspects relating, in particular,to the validity of international acts, the causes of invalidity and other topics which could be subject of common rules applicable to all unilateral acts.
The conditions of validity and the causes of invalidity of unilateral acts in general and the act of recognition in particular are also related to the object, the expression of consent and conformity with international law.
Thus, in one view, general rules could be established with regard to the definition of unilateral acts, the capacity of States to formulate them,persons authorized to formulate such acts and the causes of invalidity of unilateral acts.
Certain other, related issues should be considered at the same time as validity and causes of invalidity, such as the relation between unilateral acts and prior obligations assumed by the author State.
The causes of invalidity established in the Vienna regime on the law of treaties, as noted in earlier reports in connection with the expression of consent, could to a large extent be transferred to the regime applicable to unilateral acts in general.
Draft article 5 constituted a good provisional basis for developing rules about the causes of invalidity, which should be related to the rules defining the conditions of validity of unilateral acts.
Thus, draft articles have been submitted on definition, the capacity of States, persons qualified to formulate the act, subsequent confirmation of the act, factors vitiating consent andeven a general regime governing conditions of validity and causes of invalidity of the act.
A second question relates to the conditions of validity and causes of invalidity of unilateral acts, again in accordance with the discussion of the topic in both the Commission and the Sixth Committee.
In the first case, the act conflicted with a peremptory norm of international law or jus cogens or was formulated as a result of coercion of the representative of the State that was the author of the act; in the second,other causes of invalidity could be overcome by the parties and the act could therefore have legal effects.
In the view of the Special Rapporteur,the draft articles on causes of invalidity and on interpretation should be referred to a Working Group so that it might determine whether provisions common to all acts could be formulated and then deal with the substantive questions raised.
During the meeting, members of the Commission and the human rights experts held a useful exchange of views on issues relating to reservations to human rights treaties,in particular on the causes of invalidity of reservations to human rights treaties and the appreciation of validity of reservations to human rights treaties.
The causes of invalidity of an act are, in general, similar to those which may arise in a treaty context, as rightly noted by a representative in the Sixth Committee, who said that:"… draft article 7 on invalidity of unilateral acts should follow more closely the corresponding provision in the Vienna Convention.
In spite of the diversity of such unilateral acts, which made it impossible to devise common rules that applied to all, there were certain common aspects relating, in particular,to the validity of international acts, the causes of invalidity and other topics which could be subject of common rules applicable to all such acts.
The second question addressed in this part concerns the conditions of validity and causes of invalidity of unilateral acts; the latter aspect was partially considered by the Commission at its fifty-second session, in 2000, on the basis of the third report submitted by the Special Rapporteur.
These common rules include those governing the formulation of such acts; formal aspects, such as their definition and the capacity of States and their representatives; andgeneral conditions for validity and causes of invalidity, which are elements common to all legal acts, whatever their nature; in other words, both conventional and unilateral acts.
With regard to draft article 5(a) to(h) on causes of invalidity of unilateral acts, he agreed with members who had rightly pointed out that the word"consent" referred to the law of treaties and therefore did not belong in the context of unilateral acts, as well as with the suggestion that account should also be taken of article 64 of the Vienna Convention, which related to the.
Article 1 concerned the scope of the draft; the others related to the definition of unilateral legal acts( art. 2), the capacity of States to formulate unilateral legal acts( art. 3), the representatives of States possessing authority to perform unilateral acts( art. 4), subsequent confirmation of a unilateral act formulated without authorization( art. 5),the expression of consent( art. 6) and the causes of invalidity of a unilateral act art. 7.
In addition, if the Commission should conclude that the conditions of validity and causes of invalidity are generally applicable, Part One will include an article 5, now being submitted in a new form to reflect the observations and comments of members of the Commission and representatives on the Sixth Committee of the General Assembly; this text will be considered by the Working Group of the Commission which is to be re-established to consider the topic again this year.
This different protection, which is apparent, for example,in the regime governing causes of invalidity or termination of treaties(conflict with a jus cogens rule) and the one on individual responsibility of persons acting in an official capacity(punishability of persons acting in an official capacity who have committed war crimes, crimes against peace or crimes against humanity), is also apparent in the State responsibility regime.
One member had envisaged another cause of invalidity, namely the conflict between a unilateral act and binding decisions of the Security Council.
We should therefore consider whether this cause of invalidity of an international treaty could be applied, mutatis mutandis, to a unilateral act.
In the text under consideration, it referred to the possibility that a State could invoke a cause of invalidity, the invocation of invalidity being something different.