Примеры использования Context of unilateral acts на Английском языке и их переводы на Русский язык
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Legal certainty must also prevail in the context of unilateral acts.
In the context of unilateral acts, due to the characteristics of such acts, the situation is far more complex.
We should state at the outset, however,that this question has certain restrictions in the context of unilateral acts of States.
The view that the form of the act is not determinant, in the context of unilateral acts in general, is also applicable to the act of recognition of a State in particular.
Various views had also been expressed on the question whether the concept of estoppel should be taken up within the context of unilateral acts of States.
The issue that arises in the context of unilateral acts is somewhat different, and in this context we would have to make a distinction according to the legal effects of the act.
International courts have given serious consideration to these documents which, in the context of unilateral acts, may be likened to preparatory work.
The point was also made that the Commission should guard against watering down"hard" obligations under the law of treaties by drawing analogies between such obligations andweaker obligations undertaken in the context of unilateral acts.
The non-retroactivity embodied in the treaty regime would appear to be applicable in the context of unilateral acts and, more specifically, in that of unilateral acts of recognition.
If unilateral error is possible in a treaty context, there seems to be no reason to deny that it might also be considered in the context of unilateral acts.
However, in the context of unilateral acts such situations entail an additional circumstance which normally does not occur in treaty law, namely the unilateral modification of the content of the unilateral act.
Indeed, it has been noted that"formulation" reflects the unilateral form of the act, while the"elaboration" or"conclusion" of a treaty presumes agreement ora common intent, which is unnecessary in the context of unilateral acts.
Preparatory work in the context of unilateral acts may take the form of the notes and internal memoranda of Ministries of Foreign Affairs or other organs of State, which will not always be easy to obtain and whose value will not be easy to determine.
Nevertheless, his delegation had not been persuaded by the arguments of those who considered that the Special Rapporteur should examine the questions of estoppel and silence with a view to determining what rules, if any,could be formulated in that respect in the context of unilateral acts of States.
The role played by this potential cause of invalidity in the context of unilateral acts could be almost identical to the role it plays in the treaty context; an analysis of the way in which that cause was described in the second report revealed certain limitations, which were subsequently removed in the third report.
With specific reference to paragraph 1 dealing with invalidity on the basis of an error of fact or of a situation which formed an essential basis of the State's consent to be bound by the act, a suggestion was made that the word"consent" contained therein was inappropriate in the context of unilateral acts.
Some unilateral declarations raise doubts about their place in the Vienna regime or in the context of unilateral acts; this is the case, for example,of declarations accepting the jurisdiction of the International Court of Justice formulated by States pursuant to article 36 of the Statute, which the Commission has examined previously.
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 andtherefore 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.
In the context of unilateral acts it would seem appropriate, given their characteristics, that they be expressly confirmed if they are to have legal effect. This further guarantees the real intention of the State which formulates the act, affording greater security in international relations, an aim that is still the basis for the elaboration of the present draft articles.
Evidently, the law of treaties establishes exceptions to this rule, such as the stipulation in favour of third parties that requires the consent of the third State, andwe should ask ourselves whether, in the context of unilateral acts, we might consider the possibility that one State might impose obligations on another without its consent; in other words, whether it is possible to go beyond reaffirming rights and legal claims.
One question which has not been studied thoroughly in previous reports, in the context of unilateral acts in general, concerns their effects, although it was always indicated that such acts could vary in accordance with their classification, particularly if what we are concerned with is acts by which States assume obligations or reaffirm their rights.
Hence, in the field of treaties, it is important to distinguish between the procedure for elaborating a treaty and the agreement which is concluded and which is reflected in the instrument, which can embody legal norms, that is, rights and obligations for the States participating in their elaboration.In the same way, in the context of unilateral acts of States in general, it is important to distinguish between the declaration, as a procedure for creating legal norms, and its content or substance.
In the Special Rapporteur's view,there is no place for including this in the context of the interpretation of unilateral acts, since it deals with terms that are specifically applicable to treaty relations.
An analysis of context, which was essential to an understanding of unilateral acts, was often lacking.
In addition to the formal categories of unilateral acts undertaken in the context of treaties(such as ratification, reservation and denunciation) and those which are expressly recognized in international law(such as recognition and protest), there exist a wide variety of possible types and contents of unilateral acts.
The question that arises is whether the principle established in this context can be transferred to the regime of unilateral acts.
The answer to the question concerning the duration of unilateral acts depends on the context in which the act is implemented and on its purpose.
It was stated at the time that in the context of the law of unilateral acts, the declaration was the instrument by which a State most often assumed international obligations, in the same way that in the context of international treaty law, the treaty was the most common instrument by which States made international legal engagements.
It is important, also in the context of the non-application of unilateral acts, to refer to two other issues-- termination and suspension of the act-- which are considered and resolved in relation to treaties in the Vienna Convention on the Law of Treaties, particularly articles 54 to 64.
Furthermore, since there were few studies analysing the context essential to an understanding of unilateral acts, the Commission had to concentrate on examining some examples and trying to draw up a comparative table with a view to identifying rules common to those examples.