Примеры использования Prohibited countermeasures на Английском языке и их переводы на Русский язык
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Prohibited countermeasures.
Some delegations welcomed the list of prohibited countermeasures.
Iv Prohibited countermeasures 55- 60 20.
It welcomed, in particular,the list of prohibited countermeasures in article 50.
Article 14, on prohibited countermeasures, raised difficulties because it purported to prohibit certain actions regardless of the action of the wrongdoing State.
A number of additional substantive limitations are spelled out in article 50, which is entitled“Prohibited countermeasures”.
Article 14 Prohibited countermeasures.
The elimination of the distinction between obligations not subject to countermeasures and prohibited countermeasures was welcomed.
As it stands, article 50(prohibited countermeasures) combines a number of quite different prohibitions.
He supported the suggestion by the representative of the United Republic of Tanzania that a list of prohibited countermeasures would be useful.
It supported article 50, concerning prohibited countermeasures, and in principle had no objection to embodying the draft articles on dispute settlement in the text as a whole.
They were article 11(Countermeasures by an injured State), article 12(Conditions relating to resort to countermeasures), article 13(Proportionality) andarticle 14 Prohibited countermeasures.
Concerning article 14,his delegation believed that the categories of prohibited countermeasures were too broadly stated and might require some additions.
As regards prohibited countermeasures, no significant departure from the text of article 14(as adopted by the 1993 Drafting Committee) seems to be called for in relation to crimes.
In addition, it had finalized two articles on countermeasures and the relevant commentaries, namely,articles 13 and 14 dealing with the concept of proportionality and prohibited countermeasures.
With respect to prohibited countermeasures(article 50), his delegation strongly supported the prohibitions listed in subparagraphs(a) to(e) of that article, most of which came under jus cogens.
The Commission had provisionally adopted articles 11(Countermeasures by an injured State), 13(Proportionality)and 14(Prohibited countermeasures) for inclusion in part two of the draft articles.
With respect to proportionality,(article 13) and prohibited countermeasures,(article 14) it was entirely appropriate for the draft Convention to list countermeasures which were prohibited. .
The draft articles should delineate clearly all matters relating to the right to resort to countermeasures, the circumstances in which that right could be exercised and prohibited countermeasures.
The International Law Commission has been considering a draft article on prohibited countermeasures within the context of its codification and progressive development of the law of State responsibility.
It was also proposed that, in order to alleviate the concern of small States,the Commission should restore former draft article 50 on"prohibited countermeasures", which had been elaborate and clear.
From a technical point of view, the title of article 14,"Prohibited countermeasures", was inadequate, since in fact the article dealt with actions or conduct which were wrongful ipso jure and could not be considered as countermeasures. .
As regards the topic"State responsibility", the Commission provisionally adopted three articles on countermeasures by an injured State,proportionality and prohibited countermeasures respectively.
He welcomed the elimination of a distinction between obligations not subject to countermeasures and prohibited countermeasures; the mention of obligations of a humanitarian character, which were not limited to the protection of human rights; and the treatment of the issue of proportionality.
As for part two of the draft relating to the content, forms and degrees of international responsibility,her delegation felt, for the moment, that the draft articles on proportionality and prohibited countermeasures were satisfactory.
In that regard, his delegation welcomed the adoption on first reading of article 13(Proportionality) andarticle 14(Prohibited countermeasures) and the seven articles contained in part three under the heading"Settlement of disputes.
Draft article 51(Countermeasures by members of an international organization) seemed appropriate where the relevant international organization had a dispute resolution mechanism, butthe Commission might wish to give further consideration to the case of organizations that did not have such mechanisms and/or had constitutive agreements or rules that either prohibited countermeasures or were silent on their use.
Of particular note were the provisional adoption of draft article 14 on prohibited countermeasures, based primarily on jus cogens, and the interesting debate on the type of responsibility entailed by breaches characterized as crimes in article 19 of Part One of the draft articles.
Article 48, which restricted the conditions under which an injured State might resort to countermeasures, was also well balanced and had his delegation's support, as did article 49 on proportionality andarticle 50 on prohibited countermeasures, which were self-explanatory.
With regard to article 14, paragraph(c), on prohibited countermeasures which infringed"the inviolability of diplomatic or consular agents, premises, archives and documents", it should be noted that diplomatic law provided that an injured State could declare a diplomatic agent persona non grata, break or suspend diplomatic relations, or recall its ambassadors; those were acts of retaliation which did not require any precise justification.