Примеры использования Primary liability на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Those costs should be paid by those who have the primary liability for the harm.
Primary liability should be allocated to the person who directly commanded and controlled the hazardous activity.
The operator should bear the primary liability under any regime for the allocation of loss.
It might therefore be appropriateto assign the State a secondary, not a primary, liability.
The primary liability should be assumed essentially by the operator, as indeed current practice generally provided.
Taken in isolation, these words might suggest the primary liability of the guarantor.
The transport company has the primary liability, and the insured must always first claim compensation from the transport company.
India also supported the Special Rapporteur's recommendation that the primary liability should be that of the operator.
The imposition of the primary liability on the operator is widely accepted in international treaty regimes and in national law and practice.
Several delegations agreed with the approach proposed by the Special Rapporteur that the operator should bear primary liability.
Others felt that it might be more appropriate to assign primary liability on the operator and only a secondary liability to the State.
With regard to models which could be used to allocate loss among the relevant actors,he said that the operator should bear the primary liability.
The operator, having direct control over the operations,should bear the primary liability in any regime of allocation of loss.
The private operator bears primary liability, but the State is liable in respect of the portion of the compensation not covered by the operator's insurance.
The intergovernmental discussions on the draft BC protocol give reason to believe that primary liability will be placed on private entities, i.e. civil liability. .
However, the attachment of primary liability to the operator was not intended to absolve the State from discharging its own duties of prevention under international law.
As for the role of the operator and of the State in the allocation of loss,his Government agreed with the Working Group that the operator should bear the primary liability in any regime.
It also agreed with the Commission that the operator should bear the primary liability in any regime for allocating losses, according to the"polluter pays" principle.
The attachment of primary liability on the operator, in other words, does not in any way absolve the State from discharging its own duties of prevention under international law.
There appeared to be general agreement that the operator should bear the primary liability in any allocation of loss regime; the State or States should assume residual liability. .
Another option would be to establish an obligation under international law for the State in whose territory the hazardous activity was being conducted to compensate for any transboundary harm the activity caused, in other words,to give the State full primary liability.
His delegation also supported the fundamental premise underlying the topic, namely that primary liability lay with the operator in all situations involving harm arising out of hazardous activities.
While the Commission rightly placed primary liability on the operator, it was suggested that the role of the State should be limited to ensuring that operators within its jurisdiction complied with their obligations, especially with regard to establishing adequate compensation mechanisms.
Others stressed the need to draw a distinction between the situation where the State itself was an operator,in which case it would bear primary liability, and the situation in which the State monitored the activities of the private operator.
There exists a wide acknowledgement of the approach of attaching primary liability to the operator of the activity, that is, the person who is in command or control in the management of the risk at the time the incident giving rise to transboundary damage takes place;
In addition the General Assembly requested the International Law Commission to restart the work on liability aspects(resolution 56/82) focusing on a legal regime for allocation of loss in case of transboundary harm arising out of hazardous activities. The regime was to be consistent with the"polluter pays" principle andwith the recognition that the operator should bear the primary liability for the harm caused to people and the environment.
Additionally, while his delegation endorsed the imposition of primary liability on the operator, it suggested that other persons or entities that had participated in the hazardous activities should be held liable.
With regard to activities,primarily of a commercial nature, in which the actors are private entities and the primary liability is that of the operator, local courts have been recognized as appropriate decision makers.
Stressing the primary liability of the operator, and referring to a number of civil liability regimes, delegations alluded to the possibility of joint liability where several operators were involved, while also not precluding the possibility of claiming against third parties.
She endorsed the rationale established by the Commission that the operator should bear primary liability in any loss-sharing scheme and that loss should be apportioned among the relevant actors through a special regime or insurance scheme.