Примеры использования Purposes of immunity на Английском языке и их переводы на Русский язык
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Official
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Colloquial
Concept of a State for purposes of immunity.
For purposes of immunity, the definition of a State under article 2 of the Convention has a particular meaning.
It was also stated by some members that in defining an official for purposes of immunity ratione materiae a restrictive approach should be pursued.
For purposes of immunity, the determination of an issue may sometimes rest on whether the jurisdiction in question is prescriptive, adjudicatory or enforcement.
Her delegation noted, in particular,the progress achieved on article 2, paragraph 1, concerning the definition of a"State" for the purposes of immunity.
Under Israeli law, for the purposes of immunity, no distinction was made between statements made by members inside or outside the Knesset.
There are no objective grounds for drawing a distinction between the attribution of conduct for the purposes of responsibility on the one hand and for the purposes of immunity on the other.
With regard to the concept of the State for the purposes of immunity, his delegation believed that the Working Group's proposals constituted a good basis for discussion.
In any event, it has been emphasized that the position of the head of State(and the same argument applies to the other above-mentioned officials)should not be fully identified with that of the diplomatic agent for the purposes of immunity.
In his view, the first issue dealt with by the Working Group, namely,the concept of a State for the purposes of immunity, raised problems of formulation rather than substance.
In regard to the concept of State for purposes of immunity, he questioned the meaning of draft article 2, paragraph 1(b)(iii), which, in his view, might overextend the concept of immunity. .
The relevance of"apparent authority" in determining the"official" or"private" nature of an act or omission for purposes of immunity ratione materiae of State officials finds some support in the legal literature.
It was suggested that, instead of elaborating the topic on the basis of the distinction between immunity ratione personae and immunity ratione materiae, the Commission address only those aspects of immunity that had not been covered by international instruments, andit was proposed that a distinction be drawn, for purposes of immunity, between official visits and private visits.
In general, his delegation agreed with the definition of the concept of State for the purposes of immunity formulated by the Working Group in paragraph 30 of its July 1999 report.
The wording suggested by the Working Group for article 2, paragraph 1(b), attributing to the State the conduct of entities exercising governmental authority(A/54/10, annex, para. 30),might be a way to harmonize the concept of the State for purposes of immunity with that for purposes of State responsibility and was worth considering.
His proposal aimed at expressing in the clearest possible terms the distinction, for purposes of immunity, between the State and certain enterprises or entities established by the State and having an independent legal personality.
There can scarcely be grounds for asserting that one and the same act of an official is, for the purposes of State responsibility, attributed to the State andconsidered to be its act, and, for the purposes of immunity from jurisdiction, is not attributed as such and is considered to be only the act of an official.
The major outstanding issues related to the concept of the State for purposes of immunity, the criteria for determining the commercial character of a contract, contracts of employment and the question of post-judgement measures of constraint.
There can scarcely be grounds for asserting that one and the same act of an official is, for the purposes of State responsibility, attributed to the State andconsidered to be its act, while, for the purposes of immunity from jurisdiction, it is not attributed as such and is considered to be only the act of an official.
In the informal consultations, five issues had been considered, namely,the concept of a State for purposes of immunity( art. 2, para. 1( b)), the criteria for determining the commercial character of a contract or transaction( art. 2, para. 1( c) and art. 2, para. 2), the concept of a State enterprise or other State entity in relation to commercial transactions( art. 10, para. 3), contracts of employment( art. 11) and measures of constraint against State property arts. 18 and 19.
Several delegations supported the Commission'ssuggested reformulation of subparagraph(b) of paragraph 1 of article 2 of the draft articles as a way of harmonizing the concept of a State for purposes of immunity with the concept of a State contained in the draft articles on State responsibility.
Some delegations sought to disclaim that such crimes as genocide could be considered an official act for purposes of immunity, as it was not easy to immediately identify any real functional need for upholding the immunity of State officials in relation to such crimes.
He suggested that there could scarcely be objective grounds for asserting that one and the same act of an official was, for the purposes of State responsibility, attributed to the State andconsidered to be its act, and, for the purposes of immunity from jurisdiction, was not attributed as such and was considered to be only the act of an official.
Mr. Kerma(Algeria) said that the new proposals of the Commission's Working Group on jurisdictional immunities of States andtheir property concerning the concept of State for purposes of immunity, having taken account of the diverse positions on the subject, were likely to diminish the difficulties previously associated with that definition, thus opening the way for a possible decision on the matter.
If unlawful or criminal acts were considered, as a matter of principle,to be"non-official" for purposes of immunity ratione materiae, the very notion of"immunity" would be deprived of much of its content.
Concept of state for purpose of immunity.
Paragraphs 10 to 30 of the Working Group's report referred to the“concept of State for purpose of immunity”, and paragraphs 22 to 30 contained the Commission's suggestions on that subject.
The Working Group's suggestion to redraft paragraph 1(b)of article 2 on the concept of State for purpose of immunity was acceptable, although it would be preferable to delete the brackets.
With regard to the“concept of State for purpose of immunity”, his delegation agreed with the Commission that it would be desirable to bring the draft article into line with the draft on State responsibility, including with regard to federal States.
When examining that issue,some members of the Working Group had felt that there should be a parallelism between the provision concerning the“concept of State for purpose of immunity” in the draft articles on jurisdictional immunity of States and the draft articles on State responsibility.