Примеры использования Precluding responsibility на Английском языке и их переводы на Русский язык
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Indeed, the term"natural disaster" could be taken as precluding responsibility, which may imply, in turn, the impossibility of discrimination.
The extent to which the circumstances precluding wrongfulness dealt with in Part One, chapter V,should be treated as entirely precluding responsibility for the conduct in question;
Article 31(Force majeure)also belonged among the circumstances precluding responsibility, but the concept of force majeure needed to be more clearly defined by making a distinction between material or actual inability to comply and circumstances making such compliance more difficult.
The question whether to label Chapter V“Circumstances precluding wrongfulness” or“Circumstances precluding responsibility” could be discussed at a later stage.
The view was expressed that the title should be amended to read"Circumstances precluding responsibility" since the lawfulness or otherwise of acts was determined primarily by other rules of international treaty law or customary law, before the rules on responsibility came into play.
However, he had doubts concerning the term"circumstances precluding wrongfulness" as the title of chapter V of the draft articles, andwould prefer"Circumstances precluding responsibility.
It would be more satisfactory, given the general purpose of the draft articles,for this chapter to address"circumstances precluding responsibility" rather than"circumstances precluding wrongfulness", a question whose scope appears to go far beyond the topic of the law of responsibility. .
On the other hand, it would be possible to retain the articles on"force majeure","distress" and"state of necessity",considering that they have to do with circumstances precluding responsibility even in the case of a wrongful act.
Her delegation agreed thatan international organization could invoke necessity(draft article 22) as a circumstance precluding responsibility for a wrongful act, though only if the wrongful act was the only way to safeguard an essential interest of the organization against a grave and imminent peril.
At the outset of this discussion of Chapter V, it was noted that the circumstances dealt with probably fell into several categories, andthat at least with respect to certain of them it might be more appropriate to speak of circumstances precluding responsibility than wrongfulness.
If its retention implies that at least some of the circumstances in Chapter V are circumstances precluding responsibility rather than wrongfulness, then that too is within the province of the secondary rules of responsibility, just as it would be if they were to be conceptualized as circumstances mitigating responsibility. .
By the same token, it seems appropriate to reflect the overriding impact of peremptory norms in casu- in situations of occasional conflict- as a circumstance precluding wrongfulness under Chapter V of Part One. The“nominalist” approach to obligations, which is rejected here,might have further consequences for Chapter V. It would reinforce a very narrow conception of the chapter covering only circumstances precluding responsibility, not wrongfulness.
The outcome of the work should not impair the inherent right of States to individual or collective self-defence in terms of Article 51 of the Charter orthe right to resort to other circumstances precluding responsibility for an internationally wrongful act, in accordance with the Articles on the responsibility of States for internationally wrongful acts.
While, in the practice of the United Nations there has never been a situation where"necessity",within the meaning of article 24, has arisen as a circumstance precluding responsibility, the eventuality that such a situation may occur in the future practice of the Organization, including its temporary administration and peacekeeping operations, cannot be excluded.
He hoped that the Special Rapporteur would pay due attention to those comments in his seventh report and would propose amendments to the draft articles relating to the basis of responsibility, circumstances precluding responsibility, the responsibility of an international organization in connection with the act of a State or another international organization, and other issues.
Chapter V on circumstances precluding wrongfulness needed to be reworded,because the circumstances cited precluded responsibility rather than wrongfulness.
Suggestions were made to amend the titleto"Circumstances eliminating responsibility" and reword chapter V since the circumstances precluded responsibility rather than wrongfulness.
If the absence of wrongfulness by definition precludes responsibility as conceived in article 1, it is not impossible to maintain that, on the contrary, there are circumstances in which responsibility is precluded even in the case of a wrongful act.
Thirdly, with regard to circumstances precluding wrongfulness, the question was whether such circumstances, with the exception of countermeasures andself-defence, should preclude responsibility rather than wrongfulness; if not, there might be an inconsistency between draft articles 1 and 35.
The most notable examples of lex specialis in the practice of the United Nations include the principle of"operational necessity", which precludes responsibility for property loss or damage caused in the course of United Nations peacekeeping operations under the conditions set out by the Secretary-General and endorsed by the General Assembly(see the comments on draft article 24), and the temporal and financial limitations adopted in the same resolution for injury or damage caused in the course of the same operations.
Furthermore, not all unforeseen external events which made it in some sense impossible to do something precluded responsibility.
The commentary stresses that the circumstances listed in Chapter V do not“at least in the normal case” preclude responsibility that would otherwise result from an act wrongful in itself.
With regard to article 5,it was necessary to respond to the serious concerns raised by Governments about precluding a State from escaping responsibility for an entity which was in truth an organ because it was not labelled as such under internal law or might even be mischaracterized.
With regard to paragraph 25(b),an international organization should, in principle, be able to invoke necessity as a circumstance precluding international responsibility for a wrongful act when such an act would be the only means of safeguarding the interests of the organization against a grave and imminent peril, but the Commission would have to ensure that the wording it chose would rule out the indiscriminate use of the concept as a means of justifying other wrongful acts of international organizations.
And as the customary rules of international law governing the responsibility of States clearly demonstrate, resorting to such excuses as the independence of the judiciary orthe separation of powers cannot be regarded as circumstances precluding the responsibility of the Government of the United Kingdom resulting from breaching its international and regional obligations in the fight against terrorism.
However, they should never preclude the responsibility of an international organization, unless it is attributed to a member State.
The fact that the Palestinian Council does not represent a State does not, in itself, preclude its responsibility in the sphere of human rights protection.
Consent given by an organization to a State falls outside the present draft articles,because in that case consent would preclude the responsibility of the State.
Circumstances precluding wrongfulness or responsibility?
Compliance with the obligations, however, would not preclude responsibility for harm actually caused article 15.