Примеры использования Such a presumption на Английском языке и их переводы на Русский язык
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Although such a presumption is strong, it is not irrebuttable.
She understood that the wording proposed by the representative of the Netherlands did not entail such a presumption.
Such a presumption would be necessary verified objectively by measurements on that site.
According to the Special Rapporteur, such a presumption was likely to promote the reservations dialogue.
Such a presumption can make it much easier to prove losses in court.
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Secondly, he had serious doubts about the function of such a presumption in the case of the transfer of part of a territory.
It was said that such a presumption implied that the UNCITRAL Arbitration Rules be amended in order to include the transparency rules.
As this puts the burden of proof on the side of the parties to the agreement, such a presumption would indeed facilitate the work of the FTC and of private plaintiffs.
Such a presumption should be"clearly and explicitly established in the law", enshrined either in constitutions or in laws governing peaceful assemblies e.g. as in Armenia and Romania.
However, he did not see the usefulness of such a presumption, since he doubted that the effects of the two types of objections were different.
Mr. Boulet(Belgium) said that, attractive though the argument in favour of increased flexibility was,the proposed amendment would raise the question of who was eligible to rebut such a presumption.
According to the authors,the burden to rebut such a presumption, and to provide an alternative explanation for the death of Ismail Al Khazmi rests upon the State party.
If, however, the parties have made it sufficiently clear that the Conference of State Parties decision embodies their agreement regarding the interpretation of the treaty, such a presumption would be rebutted.
After extensive discussion by the Working Group,it had been decided that it would be unwise to include such a presumption, if for no other reason than that a party might have a limited stock of goods.
Such a presumption would leave it for the domestic law to determine the consequences of the alleged error on the contract and the remedies of the parties in that connection.
It is recommended that the scope of the presumption set out in article 171 of the Criminal Code, andthe kind of evidence required to reverse such a presumption, should be clarified, bearing in mind constitutional guarantees.
Such a presumption could be conceived as a default rule combined with a positive obligation, for parties trading over the Internet, to clearly state their places of business.
However, the European Court noted that the assemblies were held without a presumption of legality, such a presumption constituting a vital aspect of effective and unhindered exercise of freedom of assembly.
Such a presumption might conceivably be attached to an"advanced electronic signature", as defined in law, but the holder of a simple"password" should not bear the risk of it being misused by unauthorized persons.
Second, he questioned whether there was any basis in State practice for silence to be presumed to be acquiescence and, if so,under what circumstances it would be deemed appropriate to make such a presumption and what factors should be taken into account.
Where the law provides for such a presumption, there is a corresponding need for the insolvency law to provide the debtor with an opportunity to rebut the presumption and specify the grounds upon which it might be rebutted.
On whether or not the draft articles should have priority over the 1997 Convention,some members noted that such a presumption of priority was merited because of the nature of the present draft articles as a special regime in dealing with aquifers.
Such a presumption had already been proposed by Professor D.P. O'Connell, Rapporteur of the International Law Association on the topic"The Succession of New States to the Treaties and Certain Other Obligations of their Predecessors", one year before Waldock endorsed the concept.
Counsel for France appears to limit this argument to immunities ratione materiae, arguing that while individuals enjoying immunity ratione personae benefit from a presumption of immunity,individuals enjoying only immunity ratione materiae do not enjoy such a presumption and such immunities must be decided(presumably after being pleaded) in each case.
The Panel concludes, however, that such a presumption does not exist with respect to an accident happening in between these two periods, notwithstanding its location in Kuwait or Iraq, unless clear evidence of a direct link with the invasion and occupation can be found.
The Commission consciously decided not to adopt an affirmative formulation establishing a presumption of continuity, out of concern that such approach would not necessarily reflect the prevailing position under international law, and because it implied a reorientation of the draft articles from providing for situations where treaties are assumed to continue,to attempting to indicate situations when such a presumption of continuity would not apply.
It was pointed out that there might be a problem in establishing a general presumption applicable to all types of transactions, because such a presumption depended for its efficacy upon a number of variable factors,such as: the technical reliability of certain signatures; the expectation of the parties as to how certain signature devices were to be treated; and the nature of the transaction itself.
In energetically rejecting such a presumption, Cuba, an independent and sovereign State, is not only acting in its own interest, but also for the benefit of all States which at any time may find themselves harassed by a more powerful country by virtue of the unfortunate precedent that could now be created.