Примеры использования Context of the draft articles на Английском языке и их переводы на Русский язык
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In the view of Switzerland,it is important to recall this principle in the context of the draft articles.
On the other hand,as a matter of law, and in the context of the draft articles as a whole, that security is illusory, because article 11 lacks any independent content.
These special rules were of particular importance in the context of the draft articles, given the diversity of international organizations and of the relations that they may have with their members.
Nevertheless, the Commission had opted for a wording that was as inclusive as possible in the specific context of the draft articles.
This is particularly so because, in the context of the draft articles, the invocation of the responsibility of the State and the right to remedies or countermeasures are predicated upon this distinction.
These terms are carefully selected andshould be construed in the context of the draft articles in which they are used.
However, the reference to Chapter VII has been retained because the context of the draft articles was that of armed conflict.
Another view held that it was too early to assess the full implications of the draft article since this provision should be evaluated with utmost care in the light of the full context of the draft articles.
It also agreed with the opinion that a dispute settlement system should be envisaged in the context of the draft articles, whose value would be significantly enhanced if they were supplemented with a fact-finding mechanism.
This raises sensitive issues relating to the structure andfunctioning of international organizations which it is not appropriate to deal with in the context of the draft articles.
It was presumed, subject to assessment in the overall context of the draft articles, that on the date of the succession of States, the successor State attributed its nationality to persons concerned who were habitual residents of the territory affected.
Since the notion of"management" was employed in a variety of ways,its use in the context of the draft articles required explanation.
It remained to be established whether the obligations stemming from the language used in article 41 were obligations erga omnes, as would appear from the Commission's discussions, andwhat such obligations would include in the context of the draft articles.
As in the case of draft article 31, some States found the draft article on diplomatic protection redundant,or unnecessary, in the context of the draft articles on the expulsion of aliens. However, one State clearly supported the draft article. .
It would be inelegant, and would tend to give too much emphasis to the issue of excuses for non-performance, to make article 16(and a fortiori articles 1 or 3) expressly subject to Chapter V. Articles 1 and 3 are in the nature of a statement of principle,like article 26 of the Vienna Convention on the Law of Treaties(pacta sunt servanda), and in the context of the draft articles as a whole there is no need for them to contain further qualifications.
While it was agreed that those reasons called for specific attention to the protection of consumer-debtors in the context of the draft articles dealing with debtor protection, it was widely felt that they should not result in an invalidation of assignments of consumer receivables as against consumer-debtors.
Whatever their purpose and content,they clearly show that States consider countermeasures as a key issue in the context of the Draft articles on State responsibility.
Austria was traditionally in favour of introducing international mechanisms of dispute settlement, in particular legally binding mechanisms,into international instruments. However, in the context of the draft articles under consideration, rules governing the settlement of disputes had to be closely interconnected with the specific requirements arising out of proceedings involving States and their property.
It was also suggested that the Special Rapporteur should take into account any reformulation of the terms“peremptory norm” in the context of the draft articles on State responsibility.
Accordingly, it is suggested that the same threshold of significant harm as defined and agreed in the context of the draft articles on prevention should be adopted.
Although not opposed to the idea in principle,he was of the view that the"without prejudice" clauses should be limited to what was strictly necessary in the context of the draft articles, and that such a provision was not a priori necessary.
All these elements the element of human causation; the risk element; the(extra)territorial element; andthe physical element as adapted from, and explained in the context of, the draft articles on prevention have been preserved.
While some delegations indicated that mere regulation by analogy with the articles on State responsibility was sufficient,others expressed a preference for a specific treatment in the context of the draft articles on responsibility of international organizations.
In the context of the draft article, the words"the law" were to be understood as encompassing not only statutory or regulatory law, including international conventions or treaties ratified by a contracting State, but also judicially created law and other procedural law.
In the context of the draft article, however, the Commission was urged not to attempt to renegotiate the liability limits, even though they had not met the expectations of all delegations.
Such issues will be addressed in the context of Part Two of the draft articles.
Nevertheless, the definition in draft article 5 could provide coherence in the context of the overall framework of the draft articles.