Примеры использования Such derogation на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Such derogation is subject to the conditions provided for by article 4.
A further communication shall be made, through the same intermediary,on the date on which it terminates such derogation.
In the latter case, such derogation was subject to parliamentary approval.
His Government had made no derogations under the Covenant andwould be required to communicate any such derogation.
Such derogation however, has to be consistent with Malawi's obligations under international law.
OICA was invited to provide, for the next session of GRB, further detailed justification for the insertion of such derogation for ASEP.
Such derogation however, has to be consistent with Malawi's obligation under international law.
In the meantime, the State party should indicate which rights are still subject to derogation andthe specific need for such derogation.
As such, derogation from many of the fundamental obligations of the carrier and from provisions such as the limits of liability will be possible and, we believe, widespread.
The Special Rapporteur is aware of the difficulties in evaluating the rights of States to derogate from universally accepted human rights norms andwhether isolated acts of terrorism even allow such derogation.
The state party shall on the date on which it terminates such derogation inform the other state parties, through the intermediary of the Secretary-General of the United Nations, of the fact of the termination.
Where derogation is invoked, there is an obligation to notify other States parties through the Secretary-General andto indicate the provisions from which a State has derogated and the reasons for such derogation.
Belgian law does not allow any derogation from the fundamental rights and freedoms guaranteed by the Constitution-- which would be violated by an act of enforced disappearance-- in a state of emergency, irrespective of the form such derogation may take.
Article 4 of the Covenant cannot be read as justification for derogation from the Covenant if such derogation would entail a breach of the State's other international obligations, whether based on treaty or general international law.
On a number of occasions the Committee has expressed its concern over States parties that appear to have derogated from rights protected by the Covenant, orwhose domestic law appears to allow such derogation in situations not covered by article 4.
The Working Group reiterates that States derogating from procedures set out in article 9 of the Covenant in circumstances of armed conflict orother public emergency must ensure that such derogation does not go beyond those strictly required by the exigencies of the actual situation and that they reflect the principle of proportionality, which is common to derogation and limitation powers.
Proposed new article 88a was drafted to reflect the discussion in the Working Group regarding the possibility to derogate from the provisions of the draft instrument in certain cases regarding volume contracts,including the necessary conditions for such derogation, as well as some additional requirements.
The Committee notes that while the Convention itself does not, strictly speaking, preclude a derogation from existing rights of access to information, public participation in decision-making and access to justice,as long as these remain within the standards established by it, such derogation would generally not be in line with either the objective or the spirit of the Convention, in particular in the light of the provisions of article 3, paragraphs 5 and 6.
Whether in the event of extraordinary and emergency situations created by major disasters or as a result of constraints imposed by realities on the ground, a temporary derogation from some human rights obligations might at times be necessary to ensuring prompt andefficient rescue activities; indeed, such derogation was permissible under existing international legal instruments.
It was said that these words were necessary given that paragraph 2 provided a derogation from draft article 14, paragraph 1 andshould extend to permitting such derogation when the parties agreed that it should be responsibility of the shipper.
Any aspect of articles 9 to 12 of these Rules may be derogated from or varied by agreement, whether express or implied,except to the extent that such derogation or variation would adversely affect rights of third parties.”.
One obvious example of this tension is that these draft articles do not explicitly provide for derogation in times of emergency,whereas many international treaties relating to this topic do provide for such derogation, for example, article 4, paragraph 1, of the International Covenant on Civil and Political Rights.
Indeed, the majority opinion suggests that, despite article 6,"even if an explicit derogation was made-- a result of drafting efforts and discussions that stretch the imagination-- it is highly questionable whether such derogation would be valid or enforceable under various domestic laws or any general principles for international trade.
In view of current developments in the situation in Northern Ireland and the lapse of time since the notification of derogation from the obligations under certain provisions of article 9(12 December 1989),does the United Kingdom intend to reconsider the necessity of such derogation and amend the rules governing extended detention in order to introduce some form of judicial supervision(see paras. 77 to 80 of the report)?
As to the requirement in paragraph 1 that measures derogating from the Covenant are not inconsistent with States' other obligations under international law,the Committee stated that"article 4 cannot be read as justification for derogation from the Covenant if such derogation would entail a breach of the State's other international obligations, whether based on treaty or general international law" para.9.
Derogation from such basic principles might be dangerous if an emergency situation were to arise in the future.
Such a derogation from the general principle of non-retroactivity of legislation, which was justified only by the risk of statelessness, even if only temporary, of persons concerned, should nonetheless retain its exceptional character.
In the case of watercourses, the States could meet such requirement without derogation from the obligations as the recharge of the water to the watercourses would be likely to be sufficient.
Do the domestic legal provisions enabling such measures of derogation to be taken at a later stage include safeguards to secure compliance with international human rights obligations, including ICCPR, article 4, if and when such proclamation is made?