Примеры использования State exercising на Английском языке и их переводы на Русский язык
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Or should the State exercising jurisdiction ask itself that question?
He shared the Commission's view that an aggressor State should not be placed in the same position as a State exercising its right of self-defence.
A State exercising an inherent right of self-defence of a State has certain belligerent rights, even as against neutrals.
This principle does not govern relations between the State exercising jurisdiction and an entity which is not recognized as a State. .
Therefore, a State exercising its right to self-defence must have the right to suspend the operation of a treaty that would conflict with its right to self-defence.
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Draft article 8 framed a temporal requirement for lawful andhabitual residence on the part of a stateless person or a refugee in the State exercising diplomatic protection.
Therefore, as a rule, the State exercising criminal jurisdiction with regard to such a person knows that a senior foreign official is involved.
In considering possible exceptions to immunity,the Commission should determine which acts of a State exercising jurisdiction were precluded by an official's immunity.
It was a sensitive matter for a State exercising universal jurisdiction to act in the face of immunity conferred by another State. .
For that to happen, the State of such an official who enjoys personal immunity does not have to inform the State exercising jurisdiction that the official has immunity.
Otherwise, the State exercising jurisdiction was not obliged to consider the question of immunity proprio motu and, therefore, may continue criminal prosecution.
First, the final phrase"or some similar connection" may be interpreted as requiring a genuine link between the corporation and the State exercising diplomatic protection.
For that reason, the State exercising jurisdiction cannot ignore the invocation of an official's personal immunity, even if that official is not one of the"threesome.
It was also generally accepted that it was sufficient for the State claiming immunity to notify the State exercising jurisdiction through diplomatic channels.
If it does not do so, the State exercising jurisdiction is not obliged to consider the question of immunity proprio motu and, therefore, may continue criminal prosecution.
A further issue that deserves particular consideration is the problem of the relation between the individual whose rights are protected and the State exercising the right to diplomatic protection.
A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.
Such an assumption could be rebutted, butonly when the third State impugned the existence of an effective link between the person and the State exercising diplomatic protection.
If it fails to do so, then the State exercising jurisdiction is not obligated to consider the issue of immunity proprio motu, and, consequently, it may proceed with the criminal prosecution.
The International Court also suggested that in addition to incorporation and a registered office, there was a need for some"close andpermanent connection" between the State exercising diplomatic protection and the corporation.
It was also wondered why a State exercising its right of individual or collective self-defence could only suspend the operation of a treaty, but not withdraw from or terminate it.
On the issue who has the burden of invoking immunity,some members agreed with the Special Rapporteur that in respect of the troika, the State exercising jurisdiction must itself consider the question of immunity.
The criterion was therefore absolute: a State exercising direction or control was automatically responsible even if it was unaware of the commission of the wrongful act by the subordinate State. .
A declaration by the person with regard to whom jurisdiction is being exercised, that he is(or was)an official of a foreign State provides the grounds for the State exercising jurisdiction to inform the official's State accordingly.
One such omission related to the link between the claim by the State exercising diplomatic protection and the claim by the national of that State who was enjoying the protection.
The Commission considered that a State exercising jurisdiction or control over a territory(other than its own) or area on which a disaster occurs, would also be considered an"affected State" for purposes of the draft articles.
A strong opinion had been expressed that an aggressor State could not be placed on an equal footing with the State exercising its right to self-defence, whether individual or collective, in accordance with the Charter of the United Nations.
It seems appropriate to clarify that even a State exercising its right to self-defence remains subject to the provisions of draft article 5, and Switzerland proposes that the draft article be amended accordingly.
Universal jurisdiction did not require any effective link of nationality,territoriality or sovereignty with the State exercising its criminal jurisdiction: its basis was the existence of certain heinous crimes that could leave no State indifferent.
On substance, further research could be done on whether the accused must be present in the State exercising universal jurisdiction(as was the case in her country) and on the relationship between universal jurisdiction and other bases of jurisdiction, such as territoriality.