Примеры использования Concept of proportionality на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
The concept of proportionality entails some form of balancing.
In Argentina, Colombia and Trinidad and Tobago, the concept of proportionality was not applied in national jurisdictions.
The concept of proportionality was recognized only to a certain extent in 11 countries.
Alleviating sectoral vulnerability through specific policies on foreign direct investment andthe further exploration of the concept of proportionality;
The concept of proportionality is not explicitly referred to in the WTO Agreements.
In addition, it had finalized two articles on countermeasures and the relevant commentaries, namely, articles 13 and14 dealing with the concept of proportionality and prohibited countermeasures.
It was also suggested that the concept of proportionality should be inserted in the definition of self-defence.
Austria recognizes, of course,that the principle of proportionality remains undetermined in its scope as long as no international judicial authority exists which could further develop and refine the concept of proportionality.
The concept of proportionality refers to prudence in determining the appropriate relationship between things.
Ms. TOMASHVILI(Georgia) said that the new Code of Ethics for the police, elaborated with the support of international experts, had been adopted recently, andit expressly defined the concept of proportionality as understood by Sir Nigel Rodley.
The concept of proportionality was not recognized under national law in Colombia, Slovenia and Trinidad and Tobago.
Mr. Salvioli suggested adding the words"and proportionality" after the word"necessity", as the concept of proportionality was very important, particularly to entities working to promote freedom of expression in Latin American countries.
The concept of proportionality gave the false impression that there was already a substantive limitation on the use of 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.
The concept of proportionality as contained in the draft recommendation was found to be problematic and the formulation of the chapeau too complex.
There is a pressing need for fundamental changes to the judicial system of the Republic of Kazakhstan, since today there is no concept of proportionality of punishments and major corruption crimes are either ignored or lightly punished, promoting an atmosphere of impunity.
The concept of proportionality, although broadly accepted in legal doctrine, was difficult to apply, as the International Court of Justice itself had recognized.
One of them,after pointing out that the article codified the principle of proportionality of reprisals on the basis of the concept of proportionality by approximation recognized by contemporary judicial practice, See the award in the Air Services Agreement case between the United States of America and France.
The concept of proportionality pervades the whole field of remedies as stated in the Commentary to article 52, subparagraph(a), but may nevertheless be restated in connection with this particular provision.
These conventions contain much of the legal vocabulary framing the discussion of weaponry: the concept of proportionality regarding the use of weapons; and the prohibition of employing poison or poisoned weapons or weapons calculated to cause unnecessary suffering or superfluous injury.
The concept of proportionality also sets important limits on warfare: the only acts of war permitted are those that are proportional to the lawful objective of a military operation and actually necessary to achieve that objective.
Modern day international relations were so complex and interwoven that a breach in one area of international relations could trigger a countermeasure in another totally different area, andit was difficult to see how the concept of proportionality could be relied upon to provide a yardstick against which the legality of the countermeasure could be judged.
The author submits that the concept of proportionality in punishment lies at the heart of the prohibition of cruel, inhuman and degrading punishment.
He pointed out that modern-day international relations were so complex and interwoven that a breach in one area of international relations could trigger a countermeasure in another totally different area, andthat it was difficult to see how the concept of proportionality could be relied upon to provide a yardstick against which the legality of the countermeasure could be judged.
For the same reason(see article 53), the concept of"proportionality" contained in article 52 requires clarification in each specific case by the party applying the law.
Mr. PFIRTER(Observer for Switzerland), referring to the draft articles on State responsibility,said that article 13 codified the principle of proportionality of reprisals on the basis of the concept of proportionality by approximation recognized by contemporary judicial practice, including the International Court of Justice award in the Air Services Agreement case between the United States and France.
The principle of humanity and the concept of proportionality impose limits on war, the Declaration of St. Petersburg recognizing as early as 1868 that"the only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy.
Mr. AL-KHASAWNEH(Jordan), referring to the topic of State responsibility,said he felt that it was wrong to place too much faith in the concept of proportionality because it created the impression of a substantive and objective limitation on the freedom of States to resort to countermeasures whereas in reality it would be difficult to determine whether such freedom had been abused in a given case.
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.
According to a further view, it was necessary to clarify whether the concept of proportionality applied to the measures employed by each State separately against the violator, or to all the countermeasures taken together.