Примеры использования Special consequences на Английском языке и их переводы на Русский язык
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Lights; no special consequences.
If an obligation falls within this category,then such a breach of obligation entails special consequences under article 42.
Lights; no special consequences for brakes.
The commentary to article 40 offers some examples of those peremptory norms whose breach entails the special consequences listed in article 41.
Such special consequences should not be determined on the basis of customary law alone.
To create such a special obligation and corresponding special consequences is not the task of general secondary rules, but is the task of primary rules.
International law, it was stated, must be consistent with the distinction made by the international community andattribute to international crimes special consequences such as the actio popularis.
By examining each item of the special consequences under article 42, which offer the raison d'être of creating a category of"serious breaches" under article 41, it should be concluded that they are neither special nor appropriate.
However, the regulatory significance of the information recorded in such registration systems has not been legally defined, andthe law does not attribute any special consequences to the availability or lack of such forms of registration.
If we look at what we may call the"special consequences" in article 42, we can say, at least, that the obligation not to recognize as lawful the situation created by the breach, the obligation not to render assistance to maintain such situation, and the obligation to cooperate to bring the breach to an end, do not result exclusively from the"serious breaches.
Legal systems usually defined crimes by labelling, through defined procedures, the conduct andthe perpetrator as criminal and by attaching special consequences described as criminal to them.
If, in that context, it was considered that wrongful acts which threatened the fundamental interests of the international community did not have special consequences compared with"ordinary" wrongful acts, that would amount to recognizing that the concept of the fundamental interests of the international community was not legal but political in nature.
For this reason, it is recommended to review this provision and its intended legal effect,in particular whether grave forms of discrimination should meet with enhanced sanctions or other special consequences.
Under such a status quo,we should strictly refrain from creating a norm of higher obligation and special consequences in this draft that is expected to serve as a general secondary rule of general international law.
As a possible solution, as the United Kingdom suggested at the Sixth Committee,it may be a good idea to create a saving clause for the existence of a category of obligation that has special consequences of State responsibility.
The Commission had endorsed the point of view upheld by the Special Rapporteur for several years,namely, that special consequences must attach to international crimes as opposed to other wrongful acts; otherwise the distinction would be meaningless.
The third alternative was to criminalize State responsibility by admitting that State crimes existed and treating them as real crimes which called for condemnation, special treatment,special procedures and special consequences.
According to a report of Amnesty International- Brazil entitled"Here nobody sleeps in Peace"(1999,page 45),"The incarceration of women brings about special consequences, although in Brazil neither policies nor the penal practice deals with such factors consistently.
Turning to the question of the special consequences of so-called international crimes, he said that the extension of"injured State" status to all States as conceived in draft article 19 of part one as well as the consequent extension to all States of the right to take legitimate countermeasures under draft article 11, paragraph 3 of part two would be viable only if the future convention made such a reaction subject to measures of control as proposed in draft articles 15 to 20 of part two.
Mr. Avtonomov wished to know whether the reform of the Code of Criminal Procedure, under which the investigating magistrate would be abolished,would have any special consequences for the investigation of offences related to the Convention.
Ii once the ICJ has ruled positively on the existence and attribution of a crime,the condition for the implementation of the special consequences of the crime shall be deemed to be fulfilled ipso facto for any Member State of the United Nations participating in the convention on State responsibility, notwithstanding the absence of a prior political pronouncement by the General Assembly or the Security Council.
Following that line of thought the Special Rapporteur traced a logical distinction between substantive consequences and instrumental consequences and, within each of those categories, characterized some as special consequences and others as supplementary consequences. .
Likewise, the draft law contains some standards and commitments of the State towards the life, health and special treatment of witnesses,etc. which have special consequences in terms of their material and criminal procedural aspects, as well as financial and social aspects(housing, subsistence, change of identity, employment, schooling, etc.), and consequences related to human resources and vocational training of State employees, etc.
The Special Rapporteur drew attention to the importance of the question of whether, in using the word"crime", the Commission intended to convey the general connotation of a distinctive wrongful act which attracted the condemnation of the international community as a whole andwhich was distinct from other forms of wrongdoing in terms of the nature of the act, the special consequences to which it gave rise, and the special procedures to which it was subject.
It was felt that international law was not sufficiently clear as to which obligations would fall within the category of serious breaches; the creation of such a category was not justified by the special consequences in article 42, which were neither special nor appropriate; andthe creation of such obligations and their special consequences could only be undertaken in the context of primary rules.
No doubt there is always the possibility that a particular rule will prescribe its own special consequences in the event of breach, or will be subject to its own special regime: this is true, in particular, of the paradigm international crime, the crime of aggression. Under articles 12, para. 1, 24, para. 1 and 39 of the Charter, the Security Council has a certain priority with respect to the determination, inter alia, of an act of aggression and its consequences. .
International law must be consistent with the distinction made by the international community andattribute to international crime special consequences such as the actio popularis and the other consequences referred to in the Special Rapporteur's special report.
Coming now to question(iii) in paragraph 113 supra,it seems appropriate, in our view, that an ICJ finding of international crime be considered as fulfilling the condition for the ab omnibus tertiis implementation of the special consequences of crimes, whatever the source of the ICJ's competence to deal with the question of existence/attribution.
Mr. HALFF(Netherlands), speaking on the topic of State responsibility, said that he agreed with the approach proposed by the Special Rapporteur in respect of crimes,namely, to distinguish between special consequences, in the form of aggravated forms of consequences provided for in articles 6 to 14 for delicts, and supplementary consequences in the form of new consequences. .
As regards substantive consequences, some representatives agreed with the approach proposedby the Special Rapporteur, namely to envisage for aggravated responsibility in the case of crimes and to distinguish between special consequences based on the provisions of articles 6 to 14 of Part Two(concerning delicts) and supplementary consequences in the form of new consequences. .