Примеры использования Recognition of states на Английском языке и их переводы на Русский язык
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Divergent views were expressed regarding the suggestion that the Commission consider the recognition of States.
In this context it was pointed out that recognition of States and Governments formed a separate item in the original list of topics for codification.
For example, one Commission member indicated that it had been proposed that theCommission should focus on certain areas of practice, such as recognition of States or Governments.
The view was expressed that both recognition of States and Governments was discretionary and that legal criteria were not applicable to them.
The rule contained in article 29 of the Vienna Convention on the law of treaties would, in our view, be fully applicable to unilateral acts of recognition, particularly recognition of States.
Unquestionably, the recognition of States and Governments have been the two forms that have traditionally occupied a preponderant place both in doctrinal analysis and in practice.
Note should be taken, for instance, of the opinion of the arbitral commission of the European Community,which stated that the recognition of States by other States was"purely declaratory.
Thus, for example, it will be seen that the recognition of States produces legal effects and imposes specific obligations on the State formulating the act.
With regard to reservations relating to non-recognition(draft guideline 1.1.7),his delegation shared the Commission's view that such statements should be governed by the rules on recognition of States and not by those on reservations.
Recognition of States, for example, is based on criteria that are not homogeneous in practice but in any event meet the requirements of international law for determining that the State in question exists.
While some delegations saw no merit in examining the question of recognition of States and Governments, others supported the study of the effects of nonrecognition on the granting of immunity.
The recognition of States and Governments is a unilateral act that under the Estonian legal system falls under the scope of the Government, for example, the recognition of the Republic of Slovenia on 25 September 1991.
Furthermore, it was said that the sixth report came close to examining recognition of States as an institution, a separate topic from the one the Commission had on its agenda.
However, the recognition of States is somewhat more clear-cut than the recognition of Governments: in the latter case, the interplay of a variety of conflicting theories complicates the situation that our analysis of practice must consider.
First, we must seek to determine the nature of the act of recognition,particularly as it refers to recognition of States, that is, whether what is at issue is a declarative or a constitutive act-- a longstanding discussion.
Nonetheless, even if the recognition of States was declarative, what was true of recognition of States was not necessarily true of the recognition of other entities.
Several delegations thought that unilateral statements relating to non-recognition or substitution should be given further consideration,while according to another view statements of non-recognition were governed by the rules on recognition of States.
Perhaps some rules orguidelines could be developed based on the practice regarding recognition of States and governments, though these would certainly not be as precise nor detailed as the norms in the area of treaty law.
The recognition of States and the recognition of a state of belligerency, insurgency or neutrality also seemed not to be subject to specific criteria and the same seemed to apply also to situations of a territorial nature.
The condition of validity applicable to a legal act in general, which intervenes in the sphere of law of treaties with reference to the lawfulness of the object,is fully applicable to acts of recognition in general and recognition of States in particular.
The view was expressed that recognition and the recognition of States or Governments should be excluded from the study because it was not to be assumed that the General Assembly regarded that sensitive issue as part of the topic of unilateral acts.
In accordance with suggestions made by a number of Commission members and representatives of States, this report will focus on a particular type of unilateral act: recognition, particularly recognition of States, although reference will also be made to other acts of recognition. .
For instance, recognition of States might take place by unilateral action, but the conditions and legal ramifications of recognition constituted a celebrated issue of international law which could not be addressed solely with reference to its mode of action.
The Special Rapporteur, said that the sixth report dealt in a very preliminary and general manner with one type of unilateral act, recognition, with special emphasis on recognition of States, as some members of the Commission and some representatives in the Sixth Committee had suggested.
According to international law regarding recognition of states, contained in article 6 of the Montevideo Convention:"Recognition of a state simply means that the state recognizes it accepts the personality of the other with all the rights and duties determined by international law.
As to chapter IX of the report, she concurred with the general approach, scope and content of the study proposed by the Working Group andits special interest in the question of recognition of States and of the status of territories, while believing that it was premature to decide on the final form that the study should take.
For instance, recognition of States might take place by unilateral action, but the conditions and legal ramifications of recognition constituted a celebrated issue of international law which could not be addressed solely with a reference to its mode of action.
Israel believes that the draft articles 4 to 6 have successfully identified some important general principles that have gained the recognition of States, namely: the principle of equitable and reasonable utilization of aquifers and the obligation not to cause significant harm to other aquifer States. .
The point was also made that in discussing recognition of States, the Special Rapporteur had made no reference whatsoever to the classic distinction between de jure and de facto recognition, a distinction which posited various levels of the author State's capacity to go back on its recognition, de jure being definitive, whereas de facto was conditional.
By examining these acts, and noting once again that those selected are merely a sample of the range of variations of these expressions,we have observed that those related to the recognition of States, Governments and de facto and de jure situations are the most frequent, although other cases, such as those consisting of promises, waivers and protests, are also formulated on various occasions.