Примеры использования Grounds for invalidity на Английском языке и их переводы на Русский язык
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Grounds for invalidity.
The relevant paragraph of the draft guiding principle on grounds for invalidity could read as follows.
Grounds for invalidity of transactions.
It was underlined that no distinction should be made, in that context, between the various grounds for invalidity of a reservation.
Grounds for invalidity related to the expression of consent.
Specific comments, reflected in the summary,had also been made in connection with each of the eight grounds for invalidity proposed by the Special Rapporteur in his draft article.
The grounds for invalidity challenges(obviousness or lack of novelty);
Under those systems, the choice-of-law clause will remain valid even ifthe rest of the contract is invalid, unless the grounds for invalidity also extend to the choice-of-law clause.
His delegation agreed with the grounds for invalidity mentioned in the draft articles proposed by the Special Rapporteur.
Under those laws, the choice-of-Iaw clause may remain valid evenif the rest of the contract is invalid, unless the grounds for invalidity also extend to the choice-of-Iaw clause.
To what extent could the grounds for invalidity provided in the 1969 Vienna Convention on the Law of Treaties be applicable to unilateral acts?
Our inclination, which closely mirrors the arguments raised in Vienna and reflected in the 1969 Convention,is to take a restrictive approach to the grounds for invalidity in general and the one mentioned in the preceding paragraph in particular.
All the possible grounds for invalidity studied in this section share the common denominator of flawed consent to be bound by a unilateral act.
In addition to the consideration given to the question in part one of the ninth report in relation to the grounds for invalidity of a unilateral act, we will now present the following draft guiding principle concerning confirmation.
However, are all grounds for invalidity equal, or should key distinctions be made between them with respect both to their effects and to who is authorized to declare such invalidity? .
In this connection it was worth noting that the ways of expressing consent and the grounds for invalidity contemplated in the 1969 Vienna Convention seemed to be fully applicable to unilateral acts of States.
A reservation formulated in spite of either a prohibition arising from the provisions of a treaty or its incompatibility with the treaty's object and purpose was null and void; hence,there was no need to distinguish among the consequences of the grounds for invalidity.
It could, in any case, be argued that, with respect to especially serious grounds for invalidity-- coercion or the fact that the unilateral act in question conflicts with a norm of jus cogens-- the possibility of validation is quite remote.
A reservation formulated in spite of the express or implicit prohibition arising from the provisions of the treaty or from its incompatibility with the object and the purpose of the treaty is not valid,without there being any need to distinguish between these two grounds for invalidity.
Furthermore, the situation of uncertainty andfailure to honour promises which invocation of one of the grounds for invalidity currently being discussed could create would tip the scales in favour of validating, where possible, a unilateral act that has this defect.
His delegation supported the current wording of article 4 on subsequent confirmation of a unilateral act formulated without authorization, except for the word"expressly", since an act could be confirmed per concludentiam when the State did not invoke the lack of authorization as grounds for invalidity.
It was also pointed out by some members that the reference of the draft article to article 7 on grounds for invalidity was not appropriate, particularly since some of the grounds therein contemplated, such as paragraph 6, were not susceptible of later confirmation.
The grounds for invalidity that will be discussed here will be divided into the following three categories:(a) invalidity of a unilateral act on the ground that the representative lacks competence;(b) grounds for invalidity related to the expression of consent; and(c) invalidity of a unilateral act on the ground that it is contrary to a norm of jus cogens.
The corresponding draft article presented in the third report the following year, article 5(paragraph 8), was even more laconic, andestablished the following as grounds for invalidity:"If the unilateral act as formulated conflicts with a norm of fundamental importance to the domestic law of the State formulating it.
In fact, this was not among the grounds for invalidity mentioned in the second and third reports, although those reports did refer to one of the initial provisions of the draft articles: the one concerning the possibility of subsequent confirmation of a unilateral act, which was discussed earlier.
In general, his delegation agreed with the inclusion of the categories of grounds for invalidity of unilateral acts proposed by the Special Rapporteur, namely, invalidity on the grounds that the representative lacked competence, invalidity related to the expression of consent and invalidity of a unilateral act contrary to a norm of jus cogens.
The above discussion on the validity, grounds for invalidity and application of unilateral acts, which is heavily influenced by the Vienna regime, is intended to complement earlier reports, to clarify these issues to the extent possible and, indeed, to provide the Commission with a set of guiding principles in this specific area.
Having analysed the various possible grounds for invalidity that may be invoked with respect to a unilateral act, we must ask ourselves who would have the authority to declare the presumed invalidity of that act, and what possible channels might be established under international law-- bearing in mind that we are in the territory of legal speculation-- to give effect to such a declaration.
The Commission should carefully consider and decide whether such a ground for invalidity should be included.
That ground for invalidity would be acceptable if it provided that the violation it referred to must be manifest.