Примеры использования Is wrongful на Английском языке и их переводы на Русский язык
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If it is wrongful, it is wrongful not merely in its creation but in its continuance” at p. 36.
The present draft articles apply to the international responsibility of an international organization for an act that is wrongful under international law.
Under these standards, disclosure is wrongful only when it is effected by the Requester having made knowingly false representations to the Provider.
This suggests that State responsibility depends on the State“knowing” that its conduct is wrongful, yet in general such knowledge is not required.
The latter scenario, where the act is wrongful for both the State and the organization, seems entirely untenable and lacking support in law or practice.
In defining the scope of the draft articles, draft article 1, paragraph 1,says that the draft articles"apply to the international responsibility of an international organization for an act that is wrongful under international law.
Quentin-Baxter therefore concluded that“not all transboundary harm is wrongful; but substantial transboundary harm is never legally negligible”.
Intervention is wrongful when it uses, in regard to such choices, methods of coercion, particularly force, either in the direct form of military action or in the indirect form of support for subversive activities in another State.
The need for such rules stems from a variety of reasons,including in particular the use of arms which is wrongful by the standards of international humanitarian law and human rights, and the risks of arms diversion into the hands of terrorists or criminal groups.
However, if the current formulation was maintained, paragraphs 1 and2 should be harmonized by rewording paragraph 2 as follows:"The present draft articles also apply to the international responsibility of a State for an act by an international organization that is wrongful under international law.
The provision envisages two theoretical scenarios:(a)the act is wrongful for the State but not wrongful for the organization; and(b) the act is wrongful for both the State and the organization.
The Drafting Committee may wish to consider Ghana's suggestion that paragraph 2 of draft article 1 be reworded as follows:"The present draft articles also apply to the international responsibility of a State for an act by an international organization that is wrongful under international law" A/C.6/64/SR.17, para. 9.
In the former scenario,where the act is wrongful for the State, but is not wrongful for the organization, the issue of State responsibility should be determined solely by reference to the rules on State responsibility.
Secondly, it is not clear whether, in the case of acts of assistance that are wrongful per se, the draft article introduces a distinct wrong,so that the conduct is wrongful on two counts- both under the rule which makes it wrongful per se, and under the draft article.
This type of provision would link international responsibility with the commission of an act that is wrongful under international law, and therefore make it clear that the scope of the study does not include either questions of civil liability or issues of international liability for acts not prohibited in international law.
The Council of Europe also looks forward to further consideration by the International Law Commission of the correlation between the scope of the application of the draft articles as contained in their draft article 1(international responsibility for an act that is wrongful under international law) and the commentaries referring frequently to the ius gestionis.
Workers enjoy special protection under the Code of Obligations inasmuch astermination of a worker's contract of employment is wrongful if it is effected on the grounds of his membership(or non-membership) of a workers' organization or of the lawful exercise of a trade union activity art. 336, para. 2 a.
Seen in this more limited light, the inclusion of article 27 in the draft articles can be justified, since it deals with the implication of one State in the commission of a wrongful act by another-that is to say, an act which is wrongful so far as both States are concerned. This conclusion is consistent with criticisms in the literature of the breadth of article 27, although the specific solution proposed is slightly different.
For Quentin-Baxter not every transboundary harm was wrongful.
Acknowledging publicly that the action or omission was wrongful?
International law clearly stipulated that holding a person responsible for the wrongdoing of another was wrongful; domestic law should reflect that and conform to international human rights law.
Indeed, such sanctions were wrongful under international law, and the States that sought to impose them bore international responsibility for the wrongful act of the Organization in applying them.
Only attenuating circumstances could enable the actor to escape responsibility for an act which would otherwise be wrongful.
The present draft articles apply to the question of the international responsibility of an international organization for acts that are wrongful under international law.
An act of coercion need not be wrongful per se for international responsibility to arise for a coercing international organization.
To suggest that acts authorized by and consistent with an organization's charter are wrongful suggests that the organization's charter is itself contrary to some higher international obligations.
That text according to this view suggested that aid or assistance was wrongful even if, taken alone, it would not constitute the breach of an international obligation.
The cause of the trial was wrongful, according to the plaintiff, dismissal, which occurred in February 2017 due to lay-off.
By definition, however, such conduct would be wrongful because it infringed a primary rule of international law, in which case the incident would not be covered by the articles mentioned.
According to that principle,anyone who knowingly assisted another in committing an act that was wrongful for that other was also responsible.