Примеры использования Enjoyed immunity ratione на Английском языке и их переводы на Русский язык
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Colloquial
The topic should in principle cover all State officials who enjoyed immunity ratione materiae.
State officials enjoyed immunity ratione materiae in respect of acts performed in an official capacity, which were attributed both to the State and to the official.
However, that could be taken to mean that virtually any State official enjoyed immunity ratione personae.
It was unquestionable that State officials enjoyed immunity ratione materiae for acts performed in an official capacity.
He also agreed that the current wording was unduly restrictive with regard to the persons who enjoyed immunity ratione materiae.
A functional criterion must be used to determine which persons enjoyed immunity ratione personae, as established by the International Court of Justice in the Arrest Warrant case.
All State officials, including vice-presidents and cabinet ministers,should be covered by the topic on the grounds that they enjoyed immunity ratione materiae.
Accordingly, the group of high-ranking State officials who enjoyed immunity ratione personae was not limited to the troika.
Some members supported the view that Heads of State,Heads of Government and ministers for foreign affairs(the so-called"troika") enjoyed immunity ratione personae.
Some officials also enjoyed immunity ratione materiae for their commercial acts(jure gestionis), even if the State itself had no immunity for disputes relating to those acts.
It should be recognized that functional immunities applied to those who enjoyed immunity ratione personae, even after they had left office.
Concerning the persons who enjoyed immunity ratione personae, many of the Commission's members expressed support for the inclusion in this category of members of the so-called"troika": Heads of State, Heads of Government and ministers for foreign affairs.
Furthermore, some members had supported the view that the"troika" of the Head of State,Head of Government and minister for foreign affairs enjoyed immunity ratione personae.
While acknowledging that only a small circle of high-ranking officials enjoyed immunity ratione personae, some other delegations doubted that the limitation as proposed was supported in the practice of States and in the case law.
However, the former members of the"troika" were no longer"Stateofficials acting as such", the phrase used in draft article 5, when they enjoyed immunity ratione materiae.
In United States practice,only the"troika" generally enjoyed immunity ratione personae; however, his country had never experienced a criminal case directed against a foreign Head of State or Government or minister for foreign affairs.
More specifically, the Commission had supported the Special Rapporteur's view that all State officials should be covered by the topic,given that they all enjoyed immunity ratione materiae.
Identification of the officials who enjoyed immunity ratione personae should be also based on restrictive criteria, considering that such immunity constituted an exception from the jurisdiction of the State in which the immunity was involved.
In the light of the Arrest Warrant case it was clear that Heads of Government andministers for foreign affairs enjoyed immunity ratione personae, but it was not clear whether other senior officials did so.
It was, however, possible to argue that all State agents enjoyed immunity ratione materiae, unless they were spies or foreign agents carrying out unlawful acts in the territory of a State, in which case international law recognized the right of the receiving State to prosecute.
Under the topic"Immunity of State officialsfrom foreign criminal jurisdiction", his delegation was particularly interested in defining the scope of persons who enjoyed immunity ratione personae and identifying possible exceptions to immunity. .
There was no doubt that a close link existed between the fact that troika members enjoyed immunity ratione personae and that, by virtue of their functions, they were fully authorized to represent their State and were not required to produce full powers, as the Vienna Convention on the Law of Treaties put it.
With regard to draft article 2, subparagraph(e),his delegation noted with interest that the definition of the term"State official" must be understood as encompassing persons who enjoyed immunity ratione personae and those who enjoyed immunity ratione materiae from the exercise of foreign criminal jurisdiction.
As to draft article 5,he said that limiting the persons who enjoyed immunity ratione materiae to officials who exercised elements of governmental authority blurred the distinction between the persons who might enjoy such immunity and the acts in respect of which immunity was enjoyed. .
He agreed with other members that if the Commission were to focus on the acts in respect of which immunity might arise-- namely acts performed not in a private capacity, but on behalf of the State-- rather than on the person concerned,then it would be unnecessary to define a category or categories of persons who enjoyed immunity ratione materiae.
With regard to draft article 3, his delegation agreed that Heads of State, Heads of Government andministers for foreign affairs enjoyed immunity ratione personae from the exercise of foreign criminal jurisdiction, although there could be exceptions in cases of grave international crimes.
Noting that the high-ranking officials who enjoy immunity ratione personae by virtue of their office include primarily Heads of State, Heads of Government and ministers for foreign affairs, the Special Rapporteur suggested that an attempt be made to determine which other high-ranking officials, beyond the"troika", enjoyed immunity ratione personae or to define criteria for identifying such officials.
Mr. Kamto said that he agreed with Mr. Vázquez-Bermúdez that legal persons should not be included among those persons that enjoyed immunity ratione materiae, since that would inevitably give rise to intractable problems, and there was currently an insufficient basis in international law for such a position.
For certain members of Government or other key senior officials who represented the State at the international level as a regular part of their functions butdid not fall within the so-called"troika" of Heads of State, Heads of Government and Ministers for Foreign Affairs, who enjoyed immunity ratione personae, there could be a presumption that they acted on behalf of the State.
Regarding the term"State officials", he said that if, as stated in the Commission's report, they all enjoyed immunity ratione materiae, it would be important to define it, since the term could cover a wide variety of persons, ranging from the Head of State to a State tourism employee.