Примеры использования Could exercise diplomatic на Английском языке и их переводы на Русский язык
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The real effect of the current wording was merely that a State could exercise diplomatic protection whether or not an individual was bound by a Calvo clause.
Draft article 7 reflected the rule enshrined in article 5 of the 1930 Hague Convention and subsequent jurisprudence,namely that the State of an individual's dominant nationality could exercise diplomatic protection on his or her behalf.
Since article 18 referred to cases where the State of nationality of the shareholders could exercise diplomatic protection on their behalf, that article should not be mentioned in article 19.
He had not wished to draft a new rule, but simply to restate the one recognized by the Court in the Barcelona Traction decision, namely, that in situations in which shareholders' rights had been directly injured,their State of nationality could exercise diplomatic protection on their behalf.
Unless agreed otherwise, a State could exercise diplomatic protection on behalf of shareholders only when they had suffered direct losses which had not been made good.
Draft articles 18 and19 set out the exceptional circumstances under which the State of nationality of the shareholders could exercise diplomatic protection on their behalf.
Article 3 indicated that a State could exercise diplomatic protection in respect of a person that was not its national: in other words, in respect of stateless persons and refugees.
He agreed with the basic rule under draft article 9 that the State of nationality of a corporation could exercise diplomatic protection with regard to an injury to that corporation.
Draft article 8, paragraph 2,provided that a State could exercise diplomatic protection in respect of a person recognized as a refugee by that State"in accordance with internationally accepted standards.
Support was expressed for the basic rule, contained in draft article 9,that the State of nationality of a corporation could exercise diplomatic protection with regard to an injury to that corporation.
It stated the principle that the State of nationality could exercise diplomatic protection on behalf of an injured national against a State of which the injured person was also a national.
Article 7 was considered to reflect the rule enshrined in article 5 of the 1930 Hague Convention and subsequent jurisprudence,namely that the State of an individual's dominant nationality could exercise diplomatic protection on his or her behalf and it did not go beyond what was already said in draft article 5.
Article 8 stated the principle that a State could exercise diplomatic protection in respect of an injured person who was stateless and/or a refugee when that person was ordinarily a legal resident of the claimant State.
Others were of the view that the draft article adequately expressed the customary norm of exhaustion of local remedies, although it was unclear whether recourse to a jurisdiction that was not national, but was open to all nationals of the State,would have to be exhausted before a State could exercise diplomatic protection.
The complicated aspect of the case was the question of whether Guinea could exercise diplomatic protection with respect to Mr. Diallo"by substitution" for the two Congolese companies.
Mr. Bhata(India), endorsing the International Law Commission's approach to the topic of diplomatic protection, said that the draft articles affirmed the customary rules of international law that a State had a right, rather than an obligation,to exercise diplomatic protection and that a State could exercise diplomatic protection only in favour of its nationals.
In such cases, the current wording failed to consider that the second State could exercise diplomatic protection, and continuity of habitual residence thus seemed too strict a requirement.
While the idea that a State could exercise diplomatic protection on behalf of stateless persons and refugees, embodied in draft article 8, was not without interest from a humanitarian perspective, the two categories of persons should be dealt with in separate paragraphs and it should be clearly stated that diplomatic protection could not be exercised on behalf of refugees against their State of origin.
He was concerned at the statement in draft article 6 that the State of nationality could exercise diplomatic protection on behalf of an injured national against a State of which the injured person was also a national.
With regard to diplomatic protection, the proposed approach, in which existing international law in that area would be developed with a view to establishing direct recognition of the rights of an individual in the context of human rights protection,or recognition of the use of force as a means by which States could exercise diplomatic protection, complicated the work of the International Law Commission rather than simplifying it.
The first question was whether a State could exercise diplomatic protection on behalf of a national who had acquired nationality by birth, descent or bona fide naturalization where there was no effective link between the national and the State.
With regard to the Commission's question(c),it seemed obvious that a State with which the national had an effective link could exercise diplomatic protection when that national was also a national of another State with which he or she had a weak link.
The Nordic countries understood that a State could exercise diplomatic protection also on behalf of a foreign national, lawfully and habitually residing in that State, and who, in that State's opinion, clearly needed protection, even though not formally qualifying for refugee status.
The decisions of the Iran-United States Claims Tribunal and the United Nations Compensation Commission did not provide sufficient proof thataccording to customary law, a State could exercise diplomatic protection on behalf of an injured national against another State of which that individual was also a national.
The complicated part of the case was whether Guinea could exercise diplomatic protection of Mr. Diallo with respect to alleged violations of the rights of the two companies of Congolese nationality, Africom-Zaire and Africontainers-Zaire.
Article 7, which dealt with the exercise of diplomatic protection on behalf of dual or multiple nationals against third States, namely, States of which the individualwas not a national, provided that any State of nationality could exercise diplomatic protection without having to prove that there was an effective link between it and the individual.
Questions were raised as to whether a State could exercise diplomatic protection in parallel with an international recourse taken directly by an injured individual or whether the State only had the right to exercise diplomatic protection after all other domestic modes of dispute settlement were exhausted.
Subparagraph(b) of draft article 18 raised a major problem by providing that the State of nationality of the shareholders could exercise diplomatic protection on their behalf if the corporation had the nationality of the State responsible for causing the injury to it.
As for the diplomatic protection of corporations and stockholders,it was unclear whether States could exercise diplomatic protection on behalf of a company registered or set up in their territory irrespective of the nationality of the members, or whether the majority of members had to have the nationality of the State concerned.
His delegation welcomed the restatement in draft article 12 of the customary international law rule that a State of nationality of shareholders could exercise diplomatic protection on their behalf when they had suffered direct losses; it did not consider, however, that the two exceptions to the rule set out in draft article 11 reflected customary international law.