Примеры использования Negative formulation на Английском языке и их переводы на Русский язык
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Is distinguished by its negative formulation.
Moreover, the negative formulation in article 3, paragraph 2(e), was not appropriate for such an important legal document.
The rule, if reasoned,is partial application of the golden rule in its negative formulation.
Cuba considers that the negative formulation of the draft article should be maintained.
It appears that, during the second reading of these draft articles, the Commission may drop article 11 altogether, so as toeliminate unnecessary negative formulations.
Article 13 was the second unnecessary negative formulation that should be deleted.
It justifies the negative formulation of article 49("not… out of proportion") by reference to formulations in decided cases such as Naulilaa and the Air Services Arbitration.
The principle of non-discrimination has been described as a negative formulation of the principle of equality before the law.
A related view was that the negative formulation of draft article 11 was preferable because it did not create legal effect and supported the notion of a code of conduct.
To him is ascribed the idea of the golden rule only as combination of positive and negative formulation can be considered as the basis of morality.
For example, consistent with the negative formulation adopted by the Working Group, language along the following lines might be considered.
The view was expressed that,for purposes of clarity, inclusion of a reference to those officials in the text of the article was more appropriate than the negative formulation contained in the footnote.
Article 12 was an unnecessary negative formulation; it should be deleted, and the issues that it raised should be addressed in the commentary to article 9.
Ireland agrees with the Commission that proportionality is accepted in general customary international law as a prerequisite of the legitimacy of a countermeasure andalso agrees with the negative formulation of this condition in draft article 49.
One suggestion was that, through the suggested negative formulation of draft article G, the relying party would bear that residual risk.
In its negative formulation golden rule establishes the minimum lower mark or limit of moral relation of a person to other people, prohibits to do evil, with other words, establishes minimum of moral requirements for the human behavior.
Do not others what you do not wish that they did to your”(negative formulation) and“behave with others as you would like them to behave with you”(positive formulation). .
Mr. SORIEUL(International Trade Law Branch) said that a positive formulation would of course be preferable, butthat the Working Group had reluctantly decided that only a negative formulation would accurately convey the desired meaning.
Article 11 was the fourth unnecessary negative formulation that should be deleted, and the rich commentary should be incorporated in the commentary to article 15 bis.
Mr. RAO(Chairman, International Law Commission) said that paragraph(5)of the commentary to article 13 made it very clear why a flexible negative formulation had been used in that article and how it was linked to determining the degree of gravity.
Delegations agreed to a negative formulation according to which the Committee would not consider a communication unless it had dealt with the question of exhaustion of domestic remedies, thereby making the subparagraph more succinct.
In giving a negative formulation to this draft article, the Commission had wanted to stress that the State of nationality of the shareholders could exercise diplomatic protection only under exceptional circumstances in two situations which, according to the commentary, were"accepted" by the International Court of Justice in 1970 see commentary on draft article 11, para. 3.
A number of Governments proposed, however, that the requirement of proportionality be more strictly formulated, andthis suggests that the present double negative formulation"not be out of proportion" needs reconsideration.
The CCPR Committee also noted that despite its negative formulation("shall not be denied"), article 27 requires a State party to adopt positive measures that will protect not only against the acts of the State party itself, but also against the acts of third persons within the State party.
In the normal practice of the Commission, such adjectival issues have been avoided, although occasionally a substantive rule is formulated in terms implying that it is to be read narrowly or by way of exception:e.g. the negative formulation in the 1969 Vienna Convention of certain grounds for challenging the validity of or terminating a treaty see articles 46, 56, 62 1.
As a matter for drafting, some support was expressed in favour of a negative formulation of draft article 10, since this would be consistent with an approach under which draft articles 9 to 12 would establish a code of conduct, without addressing the consequences of failure to follow the conduct indicated.
The double negative formulation in paragraph 2("is not ineffective") is intended to ensure that the mere violation of an agreement neither invalidates the notification for the purpose of debtor discharge, nor interferes with contract law as to the conditions required for such an agreement to be effective.
Mr. SANGIAMBUT(Thailand), referring to part two, article 13, of the draft articles on State responsibility, on the question of proportionality,said that the negative formulation"shall not be out of proportion" might allow for the possibility of an escalation of reprisals; that question needed to be resolved since countermeasures should be temporary and when the situation reverted to normal or reparation was settled they should be discontinued.
While misconceptions about the Convention's intent andprovisions were certainly pertinent, the topic in its current formulation took a somewhat negative approach to the promotion of the Convention.