Примеры использования Supervening на Английском языке и их переводы на Русский язык
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Supervening impossibility of performance.
Still another dimension of the topic would be the effect which supervening treaties or customary law have on a particular treaty.
Supervening impossibility of performance; or.
By contrast, a treaty is not terminated by supervening impossibility: at least one of the parties must decide to terminate it.
If the interruption lasts more than 05(five)Users days should discuss any termination of the contract because of supervening fact and external to the parties' intention.
This could be the case, for example,in the event of a supervening impossibility of performance or owing to a fundamental change of circumstances.
Legal systems generally consider that responsibility cannot be incurred in case of force majeure or similar circumstances, which may be defined as frustration, impracticability,imprévision or supervening impossibility.
It establishes both the supervening competence of the state over its territory and the absence of competence of other states over that same territory.
Thus some of the modern State practice refers, for the most part, to the effect of a fundamental change of circumstances, or to the supervening impossibility of performance, and is accordingly irrelevant.
He did not favour dealing with subjects like force majeure and supervening impossibility of performance, which risked replicating subjects already governed by the Vienna Convention of 1969.
For example, some of the modern State practice whichhas been cited refers, for the most part, to the effect of a fundamental change of circumstances, or to the supervening impossibility of performance, and is accordingly irrelevant.
There is no independent or supervening right in international human rights law of selfdefence that would require States to provide civilians with access to small arms; nor does the principle of selfdefence diminish the State's responsibility to use due diligence to keep weapons out of the hands of those most likely to misuse them.
Force majeure justifies non-performance of the obligation for so long as the circumstance exists; supervening impossibility justifies the termination of the treaty or its suspension in accordance with the conditions laid down in article 61.
One suggestion was to clarify in the text that, with regard to effects for third States,the ordinary rules in the Vienna Convention on the Law of Treaties such as those relating to fundamental change of circumstance and supervening impossibility of performance would apply.
While the same facts may amount, for example,to force majeure under article 23 and to a supervening impossibility of performance under article 61 of the Vienna Convention on the Law of Treaties, the two are distinct.
It often was the case that some of the modern State practice which was sometimes cited referred for the most part to the different questions of the effects of a fundamental change of circumstances or to that of the supervening impossibility of performance of the treaty and was accordingly irrelevant.
The principle of self-defence has an important place in international human rights law,but does not provide an independent, supervening right to small arms possession, nor does it ameliorate the duty of States to use due diligence in regulating civilian possession.
As a matter of treaty law, an armed conflict which a State party to a treaty may have with a third State would only produce the consequences generally provided by the Vienna Convention on the Law of Treaties("Vienna Convention of 1969"),in particular fundamental change of circumstances and the supervening impossibility of performance.
The reasoning behind this view is that situations involving only one State-- mainly but not exclusively non-international conflicts-- are already covered by articles 61(Supervening impossibility of performance) and 62(Fundamental change of circumstances) of the 1969 Vienna Convention on the Law of Treaties.
It was said that, while the possible objective of future work was to make interim measures of protection enforceable in a similar fashion as arbitral awards, it should be borne in mind that interim measures of protection in some important respects differed from arbitral awards e.g. an interim measure might be issued ex parte, andmight be reviewed by the arbitral tribunal in light of supervening circumstances.
Those situations are already adequately addressed in the provisions of the Vienna Convention on the Law of Treaties regarding"supervening impossibility of performance"(article 61) and rebus sic stantibus(article 62), which cover situations where only one State foresees difficulties complying with a treaty.
Specifically, the evidence presented must be sufficient to demonstrate that the alleged losses or expenses resulted directly from Iraq's invasion andoccupation of Kuwait and that there were no intervening or supervening acts or decisions that broke the chain of causation.
The present report concludes that the principle of self-defence has an important place in international human rights law, but that it does not provide an independent,legal supervening right to small arms possession, nor does it ameliorate the duty of States to use due diligence in regulating civilian possession.
In accordance with the general principles of the law of treaties, the reliance upon the principle of intention is without prejudice to the termination or suspension of treaties as a consequence of:(a) the agreement of the parties; or(b) a material breach;or(c) supervening impossibility of performance; or(d) a fundamental change of circumstances.
There is not evidence however that States have enacted self-defence as a freestanding right under their domestic laws, noris there evidence of opinio juris that would compel States to recognize an independent, supervening right to selfdefence that they must enforce in the context of their domestic jurisdictions as a supervening right.
Although article 73 of the Vienna Convention on the Law of Treaties used the term"outbreak of hostilities between States", which might cover both those cases, the question of the effects of hostilities with regard to a third State not a party to the conflict probably did not call for special rules, since the law of treaties already provided grounds for termination orsuspension of the operation of a treaty, such as a supervening impossibility of performance or a fundamental change of circumstances.
The view was expressed that the question of the effects of hostilities with regard to a third State not a party to the conflict probably did not call for special rules, since the law of treaties already provided grounds for termination orsuspension of the operation of a treaty, such as a supervening impossibility of performance or a fundamental change of circumstances.
Having adopted on 26 October 1955 the international status of permanent neutrality, which subsequently was recognized by all States including the five permanent members of the Security Council, Austria has fulfilled and certainly will fulfill, should an armed conflict occur,its obligations under multilateral as well as under bilateral treaties in relation to its treaty-partners on both sides of the conflict, until supervening circumstances would make the performance impossible art. 61, para. 1, Vienna Convention on the Law of Treaties.
But once that we pass in thought from this(to us) Absolute Negation,duality supervenes in the contrast of Spirit(or consciousness) and Matter, Subject and Object.
The answer that it is due to a"mental disproportion" between the colonizing and aboriginal races is obviously evasive,since it does not explain the sudden"checks to fertility" which so frequently supervene.