Примеры использования Scope of immunity ratione personae на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Scope of immunity ratione personae.
The subjective scope of immunity ratione personae.
Given the lack of clarity in international customs and practice, the issue of the immunity of State officials presented complex problems,particularly in determining the scope of immunity ratione personae.
The temporal scope of immunity ratione personae.
In light of the above, the following draft article on the material scope of immunity ratione personae is proposed.
The material scope of immunity ratione personae.
Regarding Part Two,the position of the International Court of Justice in the Arrest Warrant case was commonly recognized as reflecting the scope of immunity ratione personae under customary international law.
His delegation agreed with the scope of immunity ratione personae, as set out in draft article 4.
In chapter III of the report, the Commission had drawn attention to specific issues on which comments would be of interest, concerning, in particular, the debate on the general orientation of and the Commission's approach to the topic,including in relation to the scope of immunity ratione personae.
The temporal scope of immunity ratione personae and of immunity ratione materiae is the subject of other draft articles.
With regard to draft article 3, he recalled that, at the sixty-seventh sessionof the General Assembly, his delegation had expressed doubt about broadening the scope of immunity ratione personae to include other high-ranking officials, because it would make it difficult to determine exactly who was entitled to it.
The strict temporal scope of immunity ratione personae is unanimously accepted in doctrine and is confirmed by national judicial decisions.
The topic"Immunity of State officials from foreign criminal jurisdiction" was important and complex,encompassing such issues as the scope of immunity ratione personae, the definition of foreign criminal jurisdiction, the nature of the acts of State officials and the gravity of crimes.
The temporal scope of immunity ratione personae: over what period of time can immunity be invoked and enjoyed?
Mr. Válek(Czech Republic), speaking on the topic of immunity of State officials from foreign criminal jurisdiction, said that his delegation generally welcomed both the structure and the content of the three draft articles provisionally adopted by the Commission at its sixty-fifth session, and considered that they properly captured the scope of the whole topic,the basic characteristics of the immunity of State officials and the scope of immunity ratione personae.
The material scope of immunity ratione personae: what types of acts performed by these individuals are covered by immunity? .
In that regard,it should be noted that, unlike the subjective scope of immunity ratione personae, abstract discussion of its material scope has caused no difficulty in practice.
The material scope of immunity ratione personae of State officials from foreign criminal jurisdiction is often compared to that of the similar immunity granted to heads of diplomatic missions under customary international law, as reflected in article 31, paragraph 1, of the Vienna Convention on Diplomatic Relations.
Concerning draft article 4,his delegation agreed with the Commission's approach in seeking to deal with the scope of immunity ratione personae from both the temporal and material standpoints; however, it would be clearer if those two aspects were also reflected in the title of the draft article.
Regarding the scope of immunity ratione personae, as deputy prime ministers and government ministers were increasingly taking part in international exchanges and exercising functions directly on behalf of States, they should be accorded the same immunity as Heads of State and Government, Ministers for Foreign Affairs and other high government officials.
His delegation commended the clarity of each of the three paragraphs of draft article 4,dealing with the temporal and material scope of immunity ratione personae, as well as the commentary thereto, and supported the decision to adopt the language of the International Court of Justice in the Arrest Warrant case, by using the phrase"whether in a private or official capacity.
Defining the scope of immunity ratione personae too narrowly might undermine the immunity of States and make it difficult for States to cooperate.
The aforementioned contention concerns, primarily, the following issues:(a)the definition of the subjective scope of immunity ratione personae, which Special Rapporteur Kolodkin linked to the general concept of the"official";(b) the definition of an"official act" and its relationship to State responsibility; and(c) the absolute or restricted nature of immunity. .
Draft article 4(Scope of immunity ratione personae) combined the substance of what had originally been draft articles 5 and 6 in the Special Rapporteur's second report.
As a consequence of these unresolved issues-- including the scope of immunity ratione personae in the case where grave international crimes had been committed-- there were certain aspects in the third report, particularly some of the conclusions drawn, which were substantively problematic.
Although the broad scope of immunity ratione personae as regards the acts covered remains unchallenged, the question has arisen, especially in recent years, whether the absolute character of such immunity would find an exception in the case of crimes under international law.
The distinction between the scope of immunity ratione personae and immunity ratione materiae was relevant for analytical purposes but should not be overrated.
With regard to the scope of immunity ratione personae, her Government's view was that it was and should be limited to incumbent Heads of State and Government and ministers for foreign affairs, by virtue of their office and their role in the conduct of international relations.
Although it might be inferred from draft article 4(Scope of immunity ratione personae) that such immunity would apply during and after representation of the State or the exercise of State functions, it would be valuable to expressly indicate the norm.
With regard to the material scope of immunity ratione personae, the Special Rapporteur had affirmed in her second report(A/CN.4/661) that such immunity extended to all acts, whether carried out in a private or official capacity, only during the term of office of the official concerned.