Примеры использования Opposability на Английском языке и их переводы на Русский язык
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The opposability of reservations 115- 123 54.
It was important to distinguish between"validity" and"opposability.
Opposability, in the context of custom, is more complicated.
In the context of the act of recognition,the question of opposability is posed in the following terms.
In that regard, opposability could be accepted only in the case of reservations that were not related to essential aspects of a treaty.
It was observed that it was important to distinguish between"validity" and"opposability.
The Commission's study of the"permissibility" and"opposability" schools would provide guidance on those questions.
Once that question was answered, one could ask for whom the act created obligations, andthat could be termed opposability.
In that regard, opposability could be accepted only in the case of reservations that were not related to essential aspects of a treaty.
The legal effects of the act of recognition are reflected mainly in the opposability to which we shall refer forthwith.
Before considering opposability in the context of the act of recognition, it should be looked at in relation to treaties and custom.
Other delegations expressed their preference for the term"opposability", as being more neutral or even the term"admissibility.
While opposability could be covered in the work on the topic, it should not preclude the Commission from looking into the causes of invalidity.
In addition, issues of territorial status have frequently been addressed in erga omnes terms,referring to their opposability to all States.
There is no doubt that objecting States can reject the opposability of the reservation to themselves but, in making this particular claim, they are challenging its validity.
A distinction should be drawn in this connection between the enforceability of an obligation thus acquired and its opposability vis-à-vis third parties.
According to another representative, both the"permissibility" and"opposability" schools neglected the integral, sequential relationship between articles 19 and 20, which together set the conditions for the validity of a reservation.
They had long slender arms and hands, with immobile forearm bones and limited opposability between the first finger and the other two.
For the above reasons, her delegation disagreed with most of the guidelines under section 4.5,which could not concern nullity, but simply opposability.
With regard to whether reservations should be examined from the point of view of"permissibility" or"opposability", the pragmatic approach of the Vienna Convention of 1969 should be followed.
Observation 2004; revision 2011 France is of the view that a distinction must be made between two concepts:permissibility and opposability.
With regard to the question of whether reservations should be examined from the point of view of their permissibility or opposability, one representative stated that those issues had long been laid to rest by the Vienna Convention on the Law of Treaties.
Under the Conventions, in such situations, acceptances and objections have a very specific function:determining the opposability of the reservation.
The opposability created through unilateral acts could not be made subject to general criteria of understanding, because it was outside international institutions and had to do with what was reasonable in the context of human behaviour and the history of the States concerned.
At the domestic level, States will need to consider means of implementing instruments by incorporating them into domestic law and ensuring their opposability and justiciability.
It was also suggested that sections B and C, might be reorganized to reflect more clearly the three possible alternatives, that is,specialized registries with opposability results, specialized registries without such results and specialized registries with opposability results in which, however, the secured creditor did not register.
In his tenth report(A/CN.4/558 and Add.1),the Special Rapporteur had proposed using the term"validity" instead of controversial terms such as"permissibility","admissibility" and"opposability.
It was axiomatic that fundamental principles of international law such as pacta sunt servanda,the precedence of jus cogens over all other obligations under international law and the opposability of erga omnes obligations to all States would continue to serve as means of combating fragmentation.
In these definitions and the other definitions generally formulated in the writings of jurists the three constituent elements of the definition of the act can be distinguished: formal unilaterality, acknowledgement of an existing situation andthe intention of the author to produce specific legal effects by recognizing its opposability.
The advocates of the permissibility thesis, on the other hand, take it for granted that an invalid reservation cannot be invoked against other States;thus"the issue of'opposability' is the secondary issue and presupposes that the reservation is permissible.