Примеры использования Principle of speciality на Английском языке и их переводы на Русский язык
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Colloquial
Apply the principle of speciality in practice.
International organizations are governed by the principle of speciality.
Here also, the principle of speciality would justify the consideration of a qualifying provision.
The use of evidence, however, is subject to the principle of speciality.
Hence, in the case of States, the"principle of speciality" does not play any role in article 7 of the articles on the responsibility of States.
As is acknowledged by the Commission in footnote 303,international organizations are governed by the"principle of speciality.
A person surrendered to the Court may request the application of the principle of speciality, if he or she considers that the provisions of article 101, paragraph 1, have been violated.
In contrast with States, they do not possess a general competence and have been established in order toexercise specific functions"principle of speciality.
Although a number of organizations had urged that more emphasis should be given to the principle of speciality, it had been the Commission's task to draft general rules.
We therefore suggest the inclusion, in the introductory provisions of the draft articles,of an express provision specifying that the responsibility of international organizations is defined by the principle of speciality.
When the Court requests a waiver of the principle of speciality, the requested State may ask it to obtain and provide the views of the person surrendered to the Court.
The Secretariat notes that, while some effect is given to the principle through the application of draft article 63 on lex specialis, the principle of"speciality" cuts across many of the Secretariat's comments.
This position is based on the principle of speciality governing international organizations and on the principle that the organization's international legal personality cannot be asserted vis-à-vis third States.
States cannot prosecute and punish an extradited individual for a crime other than the one for which he/she was extradited(the principle of speciality), unless subsequent approval has been granted for such a prosecution Section 378 of the Criminal Procedure Code.
In addition, in accordance with the principle of speciality, a person who has been surrendered to the requesting State may not be arrested or prosecuted for an offence other than the original extraditable offence.
Thus, when an international organization has been given powers over certain matters, it may, in the use of these powers, invoke the need to safeguard an essential interest of the international community or of its member States,provided that this is consistent with the principle of speciality.
But, if this is so, special attention should be paid to the principle of speciality-- which is one of the main factors differentiating the legal personality of international organizations from that of States.
With regard to the question as to whether Italian laws took precedence over human rights conventions, those two systems were initially placed on an equal footing but,following a series of rulings by the Constitutional Court based on the principle of speciality, international conventions were now deemed to take precedence over domestic law.
International organizations are governed by the'principle of speciality', that is to say, they are invested by the States which create them with powers, the limits of which are a function of the common interests whose promotion those States entrust to them.
These principles should include, among others, an explanation of the differences between States and international organizations, andof the differences between international organizations(the principle of speciality), the dichotomy between primary and secondary rules, and the distinction between international law rules and the internal rules of the organization.
International organizations are governed by the'principle of speciality', that is to say, they are invested by the States which create them with powers, the limits of which are a function of the common interest whose promotion those States entrust to them.
At least, a better balance should be struck, on the one hand, between attribution of ultra vires acts and the protection of third parties who rely on the good faith of agents or organs acting beyond their mandate, and,on the other hand, on the principle of speciality and the fact that an agent or organ acting ultra vires operate beyond the mandate and functions entrusted to an international organization by its members.
It is clear from the principle of speciality-- as applied by the International Court of Justice-- that an organization can only claim entitlements and exercise procedural rights before international tribunals, to the extent and as long as the organization remains within its statutory area of competence.
The United Nations Secretariat("the Secretariat")notes that full recognition of the"principle of speciality" is fundamental to the treatment of the responsibility of international organizations.
He welcomed the addition of an introductory general commentary, which made it clear that the draft articles covered States' responsibility for their acts within and in relation to international organizations; that several of the draft articles differed from the articles on State responsibility in that they fell within the scope of the progressive development of international law; andthat since international organizations were governed by the"principle of speciality", the draft articles must be interpreted in that light.
The Plurinational State of Bolivia does not have legislative provisions on the principle of speciality, the confidentiality of requests or safe conduct; however, the Convention may be applied directly.
According to this proposal, which was designed to give more emphasis to"the principle of speciality" in its application to international organizations, the Commission should consider the possibility of including draft article 63(Lex specialis) in part one(Introduction) of the draft articles, as a new draft article 3.
As international organizations do not possess general competence and therefore operate under the principle of speciality, it is important to acknowledge the fact that in several cases the specific rules of each organization would supersede the general ones provided for in the draft articles.
A solution whereby crimes at the national level differed from those at the international level would be undesirable, since neither the principle of complementarity nor that of speciality would be applicable.
In relation to countries, where bilateral ormultilateral treaties on extradition are applicable, Austria does not, in principle, deem it appropriate to ask for additional information(for example in order to ensure the rule of speciality, etc.), as the parties are obliged to observe the contractual obligations undertaken by them.