Примеры использования Right to offer assistance на Английском языке и их переводы на Русский язык
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Right to offer assistance.
Draft article 12: Right to offer assistance.
Right to offer assistance.
It was thus unnecessary to establish a right to offer assistance.
Right to offer assistance in the international community.
IFRC and its national societies did not fall within the categories mentioned in draft article 12 Right to offer assistance.
The right to offer assistance proposed draft article 12.
In the light of the foregoing,the Special Rapporteur proposes the following draft article 12 on the right to offer assistance.
However, the phrase"right to offer assistance" might be a source of unnecessary confusion.
Furthermore, the recognition of the importance of the contribution of non-governmental organizations, and their right to offer assistance, had been confirmed by recent practice.
The right to offer assistance is recognized as well by a wealth of other international instruments.
Moreover, a number of expertise-based organizations, concerned with the development of international law,have also put forward the right to offer assistance in the event of disasters.
The idea in draft article 12 that there was a right to offer assistance seemed superfluous, since States already had a sovereign right to make such offers. .
A suggestion was made that the proposed draft article should be reformulated so as to extend the right to offer assistance to all persons, both natural and legal.
It was also stated that the right to offer assistance set out in draft article 12 had no evident independent value but simply recognized the reality in disaster situations.
His delegation therefore suggested reformulating the draft article so as to extend the right to offer assistance to all persons, both natural and legal.
Hence, the view was expressed that the right to offer assistance should not extend to assistance to which conditions are attached that are unacceptable to the affected State.
Draft article 12 provided that States, the United Nations, andother competent intergovernmental organizations had the right to offer assistance, whereas relevant non-governmental organizations might do so.
A similar solution was found in the 1998 Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations,which also contains language recognizing the right to offer assistance.
Several of the aforementioned instruments establishing a right to offer assistance on behalf of non-affected States extend that benefit to international organizations and other humanitarian actors.
In responding to disasters, States, the United Nations, other competent intergovernmental organizations andrelevant non-governmental organizations shall have the right to offer assistance to the affected State.
With respect to draft article 12(Offers of assistance), the reference to a right to offer assistance might create confusion, as there was no correlative obligation to receive assistance. .
The Commission should also consider whether States, the United Nations and other competent intergovernmental andnon-governmental organizations should be placed on the same juridical footing in draft article 12 Right to offer assistance.
In that regard, she noted that the fact that international cooperation was not a duty did not necessarily imply that there was a right to offer assistance; that question merited further discussion and examination of the terminology used in other norms.
Proposals for the following three further draft articles were made in the report: draft articles 10(Duty of the affected State to seek assistance), 11(Duty of the affectedState not to arbitrarily withhold its consent) and 12 Right to offer assistance.
The Special Rapporteur concludes that the right to offer assistance is not limited to non-affected States, but applies also to international organizations whose mandate may be interpreted as including such offer, and other humanitarian organizations.
It was also pointed out that draft article 12 should not be interpreted to imply permission to interfere in the internal affairs of the affected State:it merely reflected a right to offer assistance, which the affected State may refuse subject to draft article 11.
The Commission had also made progress on the topic of the protection of persons in the event of disasters, particularly with regard to the duty of the affected State to seek assistance(draft article 10) andnot to arbitrarily withhold its consent to external assistance(draft article 11) and the right to offer assistance draft article 12.
Concerning the draft articles on the protection of persons in the event of disasters,provisions open to debate had included that concerning the right to offer assistance, set out in draft article 12, which had no evident independent value but simply recognized the reality in disaster situations.
In relation to the topic"Protection of persons in the event of disasters", the Commission had before it the fourth report of the Special Rapporteur(A/CN.4/643 and Corr.1), dealing with the responsibility of the affected State to seek assistance where its national response capacity is exceeded,the duty of the affected State not to arbitrarily withhold its consent to external assistance, and the right to offer assistance in the international community.