Примеры использования Materially impossible на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Is not materially impossible;
Thus, if members of the population thathad been forcibly transferred perish, their repatriation would become materially impossible.
But it was materially impossible.
It is materially impossible to absorb all the non-governmental organizations asking to participate in United Nations conferences and meetings.
If the act was due to an irresistible, external andunforseen event which made it materially impossible for the State to act in conformity with that obligation;
However, when restitution is materially impossible or out of proportion the organization must provide compensation, whether moral or material.
Other means of reparation, such as compensation,are only operative to the extent that restitution is"materially impossible" and this is not the case with regard to the violations discussed above.
It would have been materially impossible for the author to avail himself of this mechanism, as he was still being detained incommunicado within this time.
In the case of force majeure,the invoking State is acting subject to external forces making it materially impossible to perform the obligation, and it has not assumed the sole risk of non-performance.
Similarly, it was materially impossible for her, at 6 a.m., to apply to an administrative court for a stay of execution or the temporary suspension of these two decisions.
If, for example, courts have ceased to function because courthouses have been destroyed and the judges killed or forced to flee the country,it may be materially impossible to respect the right to a prompt and fair trial.
In the event that such restitution should prove to be materially impossible, Israel has an obligation to compensate the persons in question for the damage suffered.
In the Russian Indemnity case, the principle was accepted, butthe plea of force majeure failed on the facts because the payment of the debt was not materially impossible. Commentary to article 31, para.(21), citing UNRIAA, vol.
The expression"not materially impossible" was understood as covering those cases in which full reparation would deprive the responsible State of its means of subsistence.
For the purposes of this article, force majeure is the occurrence of an irresistible force oran unforeseen external event beyond the control of the State making it materially impossible in the circumstances to perform the obligation.
Two of them did not raise any difficulties; restitution would not be required if it was materially impossible, or if it would involve a breach of an obligation arising from a peremptory norm of general international law.
For the purposes of this article, force majeure is the occurrence ofan irresistible force or an unforeseen external event beyond the control of the State making it materially impossible in the circumstances to perform the obligation.
The Committee observes that it would have been materially impossible for the author to avail himself of this mechanism, as he was still being detained incommunicado at the Immamnagar Army Barracks and at the Banke District Jail within this time.
In the meantime, we see some work getting done at several sites and developers preparing those sites, which all can be called a will“to put nine pregnant women in one circle, so that the child was born in a month,”(as it is saidin the well-known film) which is materially impossible.
The Court further recalls that,where restitution is materially impossible or involves a burden out of all proportion to the benefit deriving from it, reparation takes the form of compensation or satisfaction, or even both.
An act of a State not in conformity with its obligation towards another State is not wrongful if the act was due to an irresistible, external andunforseen event which made it materially impossible for the State to act in conformity with that obligation.”.
In practice, it is materially impossible to obtain outpatient care because the Federal Prison Service is unable to coordinate his travel properly or to maintain the routine required for his treatment so that he can keep external medical appointments.
Moreover, in the case of crimes, in contrast to delicts, the choice between restitution in kind and compensation was eliminated:compensation should not be available to the State victim of a crime unless restitution in kind was materially impossible or entailed a violation of jus cogens.
Lastly, his delegation also believed that,whenever restitution was materially impossible, the wrongdoing State Must compensate the specifically injured State, and that compensation should include, in addition to the principal sum, interest and loss of profit.
It was also stated that, in the case of crimes, in contrast to delicts, the choice between restitution in kind and compensation was eliminated:compensation should not be available to the State victim of a crime unless restitution in kind was materially impossible or entailed a violation of jus cogens.
The author further claims that it was materially impossible for him to apply to the domestic courts to obtain an investigation into his son's disappearance, since all the lawyers he approached refused to help in proceedings that were in any case, he claims, doomed to failure.
If there are no specific, identifiable victims(as may be the case with certain obligations erga omnes in the environmental field, e.g. those involving injury to the"global commons"), andif restitution is materially impossible, then other States may be limited to seeking cessation, satisfaction and assurances against repetition.
Circumstances beyond its control have made it materially impossible to perform, and it has not accepted the sole risk of their occurrence. Where the force majeure results from coercion by a third State, that State may be responsible for the consequences to the putatively injured State: see the present report, A/CN.4/498/Add.1, para. 202.
The wrongfulness of an act of a State not in conformity with an international obligation of that State is precluded if the act is due to force majeure, that is the occurrence of an irresistible force orof an unforeseen event, beyond the control of the State, making it materially impossible in the circumstances to perform the obligation.
The Court alluded to the qualifications in the provision,i.e. that the obligation to make restitution was subject to such restitution not being"materially impossible" and not involving"a burden out of all proportion to the benefit derived from restitution instead of compensation", which it interpreted as meaning that"while restitution is the rule, there may be circumstances in which the State responsible is exempted-- fully or in part-- from this obligation, provided that it can show that such circumstances obtain.