Примеры использования Convention would not apply на Английском языке и их переводы на Русский язык
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If such declaration exists, the Convention would not apply.
The fact that the convention would not apply to the armed forces of States was incompatible with the obligation of the international community to refrain from using nuclear weapons and would open the door to State terrorism.
If that law gives effect to contractual limitations,the assignment would be invalid and the draft Convention would not apply.
If the latter State had made a declaration under draft paragraph 1(c), the convention would not apply because the parties had not agreed that it should.
In the event of a dispute about the admissibility of a reservation, the legal effects of objections to reservations under article 21 of the Vienna Convention would not apply immediately.
Thus, if a contract was not"mode specific",it might appear that the draft convention would not apply, unless a requirement for carriage by sea could be implied.
For example, if Canada became a party to the Sales Convention and declared that it extended to some of its territorial units but not to Saskatchewan, in the case of a sales contract between a company in Chile anda company in Saskatchewan the convention would not apply, and paragraph 3 would make that clear.
Mr. Vázquez said that the interpretative declaration that the articles of the Convention would not apply beyond the framework of the Constitution and domestic law presented problems for the reasons outlined by Mr. Thornberry.
In addition, it was pointed out that an approach based on the place of incorporation could also lead to a situation in which the draft Convention would not apply to a clearly international transaction.
Denmark, Finland, Iceland, Norway andSweden declared that the Convention would not apply to contracts of sale or to their formation where the parties have their places of business in Denmark, Finland, Iceland, Norway or Sweden.
It was stated that, in its current formulation, paragraph(2)did not clarify which State would have to make the declaration so that the draft Convention would not apply to assignments listed in that declaration.
A better formulation would have been to provide that the Convention would not apply when international humanitarian law applied, as was the case in recent anti-terrorism instruments adopted by the General Assembly.
In any case, if the reservation was expressly prohibited by the treaty or was manifestly inadmissible under it, article 20, paragraph 5,of the Vienna Convention would not apply, so the lapse of 12 months would not make the reservation effective.
Subparagraph(a) is aimed at ensuring that the draft Convention would not apply to a conflict of priority between the holder of a right in real estate and the assignee of receivables arising from the sale or lease of, or secured by, real estate.
The Committee would be limited in any discussion of Asian immigration to Australia by the provisions of article 1, paragraph 2, of the Convention, which stated that the Convention would not apply to any distinctions made by a State party between citizens and non-citizens.
That result, it was said,could be mitigated by providing that the draft Convention would not apply to a debtor, unless that debtor was located in a Contracting State and by including in the draft Convention an adequate debtor-protection system.
The Study Group held a separate discussion, on the basis of a paper by one of its members, Mr. C.P. Economides,of the socalled"disconnection clause" that had been inserted in many multilateral conventions, according to which in their relations inter se certain of the parties to the multilateral convention would not apply the rules of the convention but specific rules agreed among themselves.
In a notification effected on 12 March 2003, Iceland declared,pursuant to article 94(1), that the Convention would not apply to contracts of sale or to their formation where the parties have their places of business in Denmark, Finland, Iceland, Norway or Sweden.
Mr. Estrella Faria(Secretariat) said that the compromise text was partly inspired by the language of article 94 of the United Nations Sales Convention, which allowed two or more Contracting States with the same orsimilar legal rules to declare that the Convention would not apply to contracts of sale or to their formation where the parties had their places of business in those States.
In any event, if an entity did not have a place of business,the draft convention would not apply to its communications under article 1, which depended on transactions applying between parties having their places of business in different States.
Upon ratifying the Convention, Denmark, Finland, Norway and Sweden declared, pursuant to article 94, paragraph 1 and 94,paragraph 2, that the Convention would not apply to contracts of sale where the parties have their places of business in Denmark, Finland, Iceland, Norway or Sweden.
The procedures of Article 21(amendments to the Convention) would not apply, because adoption of a protocol would be undertaken specifically to avoid the amendment process, and because a protocol would not alter the Convention and thus would not be equivalent to an amendment.
Alternatively, if the contract of carriage fails to mention any of the places or ports listed in article 5(1)(a)-(d)then it is possible to interpret the text such that the Convention would not apply, even though the goods might, in fact, have been carried by sea in a manner which would have complied with the Convention requirements.
In any event,if an entity does not have a place of business, the Convention would not apply to its communications under article 1, which depends on transactions applying between parties having their places of business in different States A/CN.9/571, para. 103.
Upon ratifying the Convention, Denmark, Finland, Norway and Sweden declared,pursuant to article 94(1) and 94(2), that the Convention would not apply to contracts of sale where the parties have their places of business in Denmark, Finland, Sweden, Iceland or Norway.
The second proposal reflected in section G of the annex was found useful in this respect by several representatives who noted that, under the proposal, the convention would not apply in respect of an operation:(a) authorized by the Security Council as an enforcement action;(b) involving an international armed conflict to which common article 2 of the 1949 Geneva Conventions applied; and(c) involving United Nations personnel as a party to the conflict.
Upon ratifying the Convention, Denmark, Finland, Norway and Sweden declared,pursuant to article 94(1) and 94(2), that the Convention would not apply to contracts of sale where the parties have their places of business in Denmark, Finland, Sweden, Iceland or Norway.
However, the convention applied a double standard in that regard, since draft article 9 bis laid down the principles relating to mutual assistance, andspecific cases where the convention would not apply whereas article 9 ter stipulated that that principle would not be applicable if the requested State Party had substantial grounds for believing that the request for extradition had been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion.
Upon ratifying the Convention, Denmark, Finland, Norway and Sweden declared,pursuant to article 94, that the Convention would not apply to contracts of sale where the parties have their places of business in Denmark, Finland, Iceland, Norway or Sweden.
In response to a question as to the impact of the proposal on the legislative treatment of the assignment of financial receivables,it was stated that certain provisions of the draft Convention would not apply to debtor-related issues(e.g., discharge of the debtor or rights of set-off of the debtor), which would be left, as a result, to law applicable outside the draft Convention. .