Примеры использования Customary norm на Английском языке и их переводы на Русский язык
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Customary norm 88.
Reservations to a provision reflecting a customary norm.
While no binding customary norm yet existed, it was important to continue studying the evolution towards abolition.
Reservations to a provision that sets forth a customary norm.
Therefore, it was not possible to extract a customary norm from the existing treaty regimes or associated practice.
Reservations to a provision reflecting a customary norm.
The report recognized the emergence of a customary norm, while simultaneously acknowledging that there was no legal prohibition outside of the second Optional Protocol.
Reservations to a provision that sets forth a customary norm.
He recommended a comprehensive legal study on the emergence of a customary norm prohibiting the use of the death penalty under all circumstances.
Draft guideline 3.1.8 Reservations to a provision reflecting a customary norm.
Secondly, the Special Rapporteur had proposed that the fact that a treaty provision reflected a customary norm should not in itself prevent the formulation of a reservation to that provision.
It is clear that consensus would have facilitated the process of establishing a universal customary norm.
The compatibility of a reservation with the object andpurpose of the treaty was a customary norm, although it was not a peremptory norm of international law.
This is especially clear with regard to a reservation to a provision reflecting a customary norm.
The first paragraph of this guideline provides that the fact that a treaty provision reflects a customary norm is a pertinent factor in assessing the validity of a reservation.
That should not result in complete exclusion of unilateral acts linked to a conventional or a customary norm.
The prohibition of racial discrimination is a customary norm of international law.
Reference was made earlier to the status of the right to life as a general principle of international law and a customary norm.
France considers that draft article 14 adequately expresses the customary norm of exhaustion of local remedies.
However, a reservation concerned only the expression of the norm in the context of the treaty,not its existence as a customary norm.
As for draft guideline 3.1.8, it was not convinced that the fact that a treaty provision reflected a customary norm was pertinent to assessing the validity of a reservation.
The fact that a treaty provision reflects a customary norm is a pertinent factor in assessing the validity of a reservation although it does not in itself constitute an obstacle to the formulation of the reservation to that provision.
The aforegoing does not give grounds for asserting that the provisions of the 2001 Institute resolution referred to above reflect a customary norm of international law.
Nevertheless, the Special Rapporteur is convinced that a customary norm prohibiting the death penalty under all circumstances, if it has not already emerged, is at least in the process of formation.
Each State is obliged either to extradite orto prosecute an alleged offender if such an obligation is deriving from the customary norm of international law.
One further rationale for exception to immunity ratione materiae is the idea that a customary norm of international law has developed, under which such immunity does not operate where an official has committed a grave crime under international law.
Others would argue that the norm of non-proliferation does not rely solely on the NPT, buthas developed to become a customary norm thus applying to all non-NWS.
Modifying or excluding the application of a treaty provision that reflects a customary norm can indeed produce effects in the framework of treaty relations; however, it does not in any way affect the existence or obligatory nature of the customary norm per se.
Draft guideline 3.1.8 underlined the principle that a reservation to a treaty rule which reflected a customary norm was not ipso jure incompatible with the object and purpose of the treaty.
Paragraph 1, meanwhile,underlines the principle that a reservation to a treaty rule which reflects a customary norm is not ipso jure incompatible with the object and purpose of the treaty, even if due account must be taken of that element in assessing such compatibility.