Примеры использования Rules of diplomatic protection на Английском языке и их переводы на Русский язык
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However, there was no reason why the rules of diplomatic protection should not be applied to that case by analogy.
When the draft articles referred to in paragraph 14 have been considered,this will complete the study of the secondary rules of diplomatic protection in their traditional context.
They do not deal with the primary rules of diplomatic protection, that is, the rules governing the treatment of aliens.
Some of the draft principles marked a step forward in the progressive development of the international law rules of diplomatic protection, in particular draft articles 8 and 19.
It was also important to underline that the rules of diplomatic protection were without prejudice to the law of consular protection and other applicable rules of international law, including those pertaining to the law of the sea.
Theories and concepts such as the distinction between primary andsecondary rules could not helpfully be discussed before addressing the institutions and rules of diplomatic protection.
No distinction should be made between primary and secondary rules of diplomatic protection, given that the matter was broadly governed by international law.
Theories and concepts such as the distinction between primary andsecondary rules could not helpfully be discussed before addressing the institutions and rules of diplomatic protection.
As the Court had stated in paragraph 36 of the judgment, the rules of diplomatic protection applied in a residual manner in the absence of an agreement between the parties.
It was observed that theories and concepts such as the distinction between primary andsecondary rules could not helpfully be discussed before addressing the institutions and rules of diplomatic protection.
Moreover, according to paragraph 36 of its decision, the rules of diplomatic protection applied residually,"in the absence of any treaty on the subject between the Parties.
The view was also expressed that sucha provision tended to give the false impression of an"either or" world, where the rules of diplomatic protection either apply completely or not at all.
It was also reiterated that the principles and rules of diplomatic protection were without prejudice to the law of consular protection and other applicable rules of international law, including those pertaining to the law of the sea.
He had in mind the system of international human rights protection or the various mechanisms for investment protection, which were based on well-established principles deriving from the rules of diplomatic protection.
The Nordic countries saw little value in attempting to explore new rules of diplomatic protection which could not readily be derived from the law of the sea and other relevant areas of the law.
As to the question whether the topic dealt with primary or secondary rules, it had been observed that such theories andconcepts could not helpfully be discussed before addressing the institutions and rules of diplomatic protection.
For its part, the Government of the United States maintains the rules of diplomatic protection, including the rule of exhaustion of local remedies by aliens, as provided by international law.
Ms. Kamenkova(Belarus) said that some elementsof the draft articles, particularly the innovative ones reflecting progressive development of the rules of diplomatic protection, required further study by Governments.
Moreover, they believed that the principles and rules of diplomatic protection were without prejudice to the law of consular protection and other applicable rules of international law, including those pertaining to the law of the sea.
Attention should be paid in particular to the system of international human rights protection or the various mechanisms for investment protection, which were based on well-established principles deriving from the rules of diplomatic protection.
The Philippines was not of the view that the current rules of diplomatic protection should be changed so that a State could deal with a non-State actor, but it hoped that one day the law would prove adequate in preventing similar situations.
Others expressed doubts about including the provision at all, since there was insufficient legal material, including evidence of State practice,to elaborate draft rules of diplomatic protection of legal persons other than corporations.
Many of the rules of diplomatic protection contradict the correctness of this fiction, notably the rule of continuous nationality which requires a State to prove that the injured national remained its national after the injury itself and up to the date of the presentation of the claim.
It was observed that it was important not to inadvertently undermine the principles of legal certainty and predictability with regard to the law of the sea and maritime affairs,and that there was little added value in attempts to explore new rules of diplomatic protection not derived from the law of the sea and other relevant areas of the law.
The rules of diplomatic protection were closely related to those governing both relations between States and traditional public international law; they clarified the division of competence between States and helped to ensure respect for international law as it related to the protection of foreign nationals in a host State, without prejudice to any other relevant legislation.
Concerning diplomatic protection of a vessel's crew members, it was important not to inadvertently undermine the principles of legal certainty and predictability with regard to the law of the sea and maritime affairs, andthere was little added value in attempts to explore new rules of diplomatic protection not derived from the law of the sea and other relevant areas of the law.
The rules of diplomatic protection were closely related to those governing both relations between States and traditional public international law; they clarified the division of competence between States and helped to ensure respect for international law as it related to the protection of foreign nationals in a host State, without prejudice to any other relevant legislation.
It did not, however, take up the primary rules of diplomatic protection, i.e., the rules governing the treatment of aliens; nor did it deal with the consequences arising from diplomatic protection, such as the question of determining whether there is an obligation on the successful claimant State to pay over any compensation it may have received in respect of the claim to the injured national.
The extent to which investors can waive the rules of diplomatic protection by agreement in advance has long been controversial, but under the ICSID Convention of 1965, consent by an investor to arbitration under the Convention suspends the right of diplomatic protection by the investor's national State. Convention on the Settlement of Investment Disputes between States and Nationals of Other States, Washington, 1965, article 27 1.
However, the Court admits that the analogy of the traditional rule of diplomatic protection of nationals abroad does not in itself justify an affirmative reply.