Примеры использования Court's competence на Английском языке и их переводы на Русский язык
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No State should be entitled to refuse recognition of the Court's competence.
The court's competence rationae materiae was one of the most important substantive issues in that connection.
However, owing to the refusal of Uganda to recognize the Court's competence, the case was not submitted.
Accepting the Court's competence to consider contentious cases, without restrictions or limits of any kind, is an indisputable condition for the full functioning of the international legal order.
Some States' declarations were accompanied by reservations that placed restrictions on the Court's competence.
Doubts were raised regarding the Court's competence to interpret provisions of the Charter of the United Nations.
Costa Rica deems it essentialthat all States accept, without any limitation or restriction, the Court's competence to consider contentious cases.
Another possibility consisted of extending the Court's competence only to those organizations with links to the United Nations system.
The Inter-American Court of Human Rights also stated that an impermissible reservation seeking to limit the Court's competence could produce no effect.
A State party to the Convention must specifically recognize the Court's competence to hear contentious cases in order to be subject to the Court's jurisdiction.
Thus in Papamichalopoulos v. Greece, a seizure of property not involving formal expropriation occurred some eight years before Greece recognized the Court's competence.
In short, the consent of an interested State continues to be relevant, not for the Court's competence, but for the appreciation of the propriety of giving an opinion.
The question of the Court's competence in matters relating to the United Nations was important, and such issues could not just be set aside or be entrusted to national courts. .
The existence of all these attributes would serve to build confidence among States in the Court's competence and ensure the integrity of the process.
Her Government could not recognize the Court's competence in bringing prosecutions against United States personnel engaged in official actions, if the Government was not a party to the Statute.
Summary of the relevant case-law of the European Court of Human Rights entitled"The Court's Competence in respect of Acts of International Organizations.
We must not forget, however, that it complements theefforts of national jurisdictions, which are responsible for responding to criminal acts that have been identified as falling within the Court's competence.
The author, however, contested the court's competence to deal with the case since, in his opinion, the Family Court lacked jurisdiction to determine Aboriginal family and property issues.
The working papers submitted by Guatemala andCosta Rica on amending the Statute of the International Court of Justice and extending its competence to disputes between States and international organizations contained excellent proposals on expanding the Court's competence.
With regard to the court's competence, the draft established a useful distinction between crimes under general international law, such as genocide, and crimes under international treaty law, which were those referred to in the provisions listed in the annex to the draft statute.
Considering that the ICJ would have already pronounced itself by a judgment(as envisaged in para. 108-111 supra and in article 19 of Part Two as proposed in the present report)upon the existence/attribution of the international crime, the Court's competence in the post-countermeasures phase should not extend to that issue.
It was remarked that the proposal sought to extend the Court's competence to the kinds of cases which had been resolved quite successfully through other mechanisms, particularly arbitration, and that no particular advantage over those means would seem likely to result from the proposal under consideration.
In view of the consequences and the frequency of those problems, his delegation strongly supported the recommendation that the Review Conference called for in article 123 of the Rome Statute(A/CONF.183/9*) should establish an acceptable definition of those crimes andadd them to the list of those which fell within the Court's competence.
In considering the options suggested in the ILC report for that relationship, States should bear in mind, at the legal level, the court's competence stemming from the action of the Security Council reflected in article 23 of the draft statute and, at the practical level, the modalities of financial support for the court. .
The Special Committee was seized of two proposals regarding the International Court of Justice: one concerned the impact of the increase in the number of cases considered on the work of the Court andthe other related to extending the Court's competence to disputes between States and international organizations.
However, in the last analysis, the Court's competence was voluntary, and not only was there significant reluctance to accept its jurisdiction, especially in respect of the most serious disputes, but even those States which had made unilateral declarations accepting the Court's jurisdiction had done so with major reservations.
The remark was also made that conferring on the Security Council the authority to bring a complaint directly to the Court under Chapter VII of the Charter was not consistent with the fundamental rule laid down in article 21(which made the Court's competence contingent on State acceptance) and lacked a sound legal basis.
The existing system already contained checks and balances that had largely proved successful,and extending the Court's competence with respect to contentious matters to include disputes between States and international organizations would risk introducing too many divisive political factors into the work of the latter.
In relation to his allegations under article 14 of the Covenant, the author further refers to the judgement of the European Court of Human Rights in the case of Abbasov v. Azerbaijan; he states that it is a relevant precedent and notes that in paragraphs 40 and 41 of the judgement,the Court reiterates that"the issue of the fairness of the applicant's trial by the first instance court was found to fall outside the Court's competence ratione temporis.
The authors also criticized that France, when depositing the instrument of ratification on 9 June 2000, made a declaration under article 124 andalleged that this declaration not only restricted the Court's competence vis-à-vis France but also directly affected themselves, and French citizens at large, by depriving them of a remedy to prosecute and punish human rights transgressors.