Примеры использования Discretionary right на Английском языке и их переводы на Русский язык
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Discretionary right of States to exercise diplomatic protection.
With the new modifications andamendments(October 2001), discretionary right has been introduced.
Discretionary right means that a right can be granted even if one of the requirements are not met.
Furthermore, the exercise of diplomatic protection should remain a discretionary right of States.
It was a discretionary right of the State, not the individual, and should continue to be considered as such.
Draft article 1 defined diplomatic protection in traditional terms, as a discretionary right of the State of nationality.
All diplomatic offices have the discretionary right to reject the applications that are considered unacceptable.
Draft article 3 treated the right of the State to exercise diplomatic protection as a discretionary right.
The view was also expressed that such national laws did not affect the discretionary right of the State to exercise diplomatic protection.
The discretionary right of the State to exercise diplomatic protection did not prevent it from committing itself to its nationals to exercise such a right. .
According to the second view, shared by many members of the Commission,diplomatic protection was a discretionary right of the State.
Draft article 8 would give States a discretionary right in respect of stateless persons and refugees, without imposing any obligation on them.
Her delegation also shared the predominating view that the exercise of diplomatic protection was a discretionary right of the State.
A State has a broad discretionary right to expel aliens from its territory when their continuing presence is contrary to its interests subject to certain limitations and requirements.
It was important to remember that diplomatic protection was a sovereign prerogative of the State of nationality of the person concerned and a discretionary right of that country.
Diplomatic protection must remain a discretionary right of States, and not become a duty incumbent on them, which would be to ignore the international climate and customary practice in the matter.
With respect to the termination of citizenship through release,the agency conducting the procedure had the discretionary right to approve or reject the release.
The discretionary right of a State to exercise diplomatic protection or to delegate such a right to another subject of international law could, however, be clarified in the commentaries.
However, he supported the traditional approach adopted in draft article 3,whereby States had a discretionary right to exercise diplomatic protection on behalf of their nationals.
It was agreed that the discretionary right of the State to exercise diplomatic protection did not prevent it from committing itself to its nationals to exercise such a right. .
In this context a comment was made that the Commission might want to reconsider the issue of the discretionary right of the State to diplomatic protection with no right to the individual.
Draft article 2 affirmed the discretionary right of the State to exercise diplomatic protection, reflecting Vattel's notion that an injury to a national was an indirect injury to the State.
Under a firm countertrade commitment, the parties undertake to conclude a contract in accordance with the terms set out in the countertrade agreement,without retaining a discretionary right to refuse to conclude a contract.
The discretionary right of a State to exercise diplomatic protection should therefore be read with draft article 19 which recommends to States that they should exercise that right in appropriate cases.
Some other members expressed the view that diplomatic protection extended to all other legal persons, including non-governmental organizations, andthat in any case States had the discretionary right to protect their own nationals.
With regard to the fifth conclusion,Mali supported the view that the discretionary right of the State to exercise diplomatic protection did not prevent it from committing itself to its nationals to exercise such a right. .
It was reiterated that the aim should be to codify secondary rules in the area of diplomatic protection, which was a special instance of the law of the international responsibility of States,involving the discretionary right of the State concerned.
Whereas article 2 affirms the discretionary right of the State to exercise diplomatic protection, article 3 asserts the principle that it is the State of nationality of the injured person that is entitled, but not obliged, to exercise diplomatic protection on behalf of such a person.
With regard to the Calvo clause, his delegation shared the view that the individual's choice to waive the right to request diplomatic protection was irrelevant since the exercise of such protection was a discretionary right of the State.
While the exercise of diplomatic protection was a discretionary right of States, based on the principle of citizenship, functional protection by international organizations of their officials was an obligation of such organizations, based on their contractual link with their staff members.