Примеры использования Concept of countermeasures на Английском языке и их переводы на Русский язык
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All national legal systems retained some concept of countermeasures as a response to the violation of rights.
His delegation noted with concern the doubts which could arise concerning the precise scope and meaning of the term"lawful measures" used in that article, as opposed to the concept of"countermeasures.
Despite opposition from many States,the Commission has chosen to include the concept of countermeasures in the draft articles and confer general international recognition on them.
Introducing the concept of countermeasures into the regime governing the responsibility of international organizations conflicted with the function performed by international organizations of coordinating the international community.
There was something dangerously utopian in the notion that if only the international systemcould be developed further, then the concept of countermeasures could be dispensed with altogether.
It would suffice to say that Australia accepted the concept of countermeasures as a permissible means of redress in certain circumstances, in the absence of an effective system of dispute settlement.
His delegation was not convinced that the law of State responsibility should deal with the complicated andlargely abused concept of countermeasures, which were wrongful in themselves.
His delegation had reservations regarding the concept of countermeasures, since such unilateral acts could interfere with the exercise by certain international organs of their mandate to consider and resolve international disputes.
However, the view was also expressed that the draft articles shouldnot deal with the complicated and largely abused concept of countermeasures, which were wrongful in themselves.
Introducing the concept of countermeasures into the regime of responsibility of international organizations would run counter to that centralizing function; his delegation therefore recommended a more cautious approach by the Commission to the whole matter.
Nevertheless, further debate was necessary in some areas,such as the treatment of international crimes, the concept of countermeasures, the scope of reparation and dispute settlement procedures.
Those proposals include the clauses relating to the concept of countermeasures, with the conditions and limits thereof; serious breaches of peremptory norms of international law; and the application of different forms of reparation for injury.
In any event, should Mexico still attempt such a justification,then this would also raise the difficult question of whether the concept of countermeasures is available to justify the violation of WTO obligations.
As for draft article 22, she questioned whether the concept of countermeasures should be included in the draft, in view of the many unanswered questions about the relationship between international organizations and non-member States, and between them and their own members.
Mr. GONZALEZ FELIX(Mexico) said,with regard to State responsibility, that inclusion of the concept of countermeasures and the distinction between crimes and delicts would delay completion of the work on that topic.
When the concept of countermeasures is viewed within the perspective of peaceful settlement of disputes, two main conclusions can be drawn: First, there is no room for countermeasures where a mandatory system of dispute settlement exists as between the conflicting parties. Secondly, the use of force is not a legitimate means of enforcing one's own right.
While some delegations continued to express concern regarding the introduction of the concept of countermeasures in the regime of responsibility of international organizations, the careful wording used by the Commission in draft article 21 was welcomed.
All national legal systems retained some concept of countermeasures as a response to the violation of rights; there was something dangerously utopian in the notion that if only the international system could be developed further, then the concept of countermeasures could be dispensed with altogether.
In singling out the use of force in the context of countermeasures a line is also drawn between the concept of countermeasures in time of peace as opposed to the applicability of that concept in time of war or, to use the United Nations terminology, during armed conflicts.
The complexity of the concept of countermeasures, the synergy between countermeasures and the provisions on attribution of State conduct, the timing of a breach of international law, circumstances precluding wrongfulness, the remedies available for injuries and the legal standing to invoke responsibility all merited a mention, since some of the articles concerned incorporated what had been termed"constructive ambiguity.
Paragraph(1) of the commentary on draft article 52(A/64/10, para. 51)explains the concept of countermeasures as implying"the existence of an obligation towards the targeted entity"; in this context the commentary gives the example of the prohibition of the use of force.
The draft articles required improvement in certain areas,such as the concept and treatment of countermeasures and the concept of the injured State.
Mr. S. R. RAO(India)said that the problem of countermeasures in general and the concept of crime in particular had to be seen in the context of the practice of countermeasures.
The view that the concept of proportionality should be abandoned altogether was an extreme position; however,in view of the importance of avoiding escalation in the application of countermeasures, and of certainty of applicable law, it might be necessary to reformulate the concept.
On the example of a virus attack and building an antivirus system, the main stages of cognitive analysis are considered:generating a set of FCM concepts and links, analysis of FCM stability and selection of FCM links weights, numerical evaluation of risk(damage) from the threat action for different variants of countermeasures implementation for information protection.
Resort to the concept of implicit powers to justify the application of countermeasures could lead to abuses, unless the existence of those particular countermeasures in international customary law is recognized and their invocation has been extended to international organizations.
With regard to countermeasures, she welcomed the concept put forward by the Special Rapporteur, namely, that countermeasures should consist of the suspension by the injured State of the performance of an obligation towards the responsible State with the intention of inducing the latter to comply with its obligations of cessation and reparation.
Regardless of the final form of the draft,the inclusion of provisions for resolving disputes is essential in the light of some of the concepts deriving therefrom, including countermeasures.
Where more than one State was entitled to use countermeasures, it was necessary to decide whether the concept of proportionality applied to the measures employed by each State separately against the violator, or to all the countermeasures taken together.
With regard to State responsibility, his delegation had commended the Commission's work in 1996, buthad also made some constructive comments on the concept of State crimes and delicts, countermeasures and the settlement of general disputes.