Примеры использования Taking of countermeasures на Английском языке и их переводы на Русский язык
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Procedural conditions on the taking of countermeasures.
The taking of countermeasures is subject to the conditions and restrictions set out in articles 48 to 50.
Article 51(1) sets out five limitations on the taking of countermeasures.
By implication, the taking of countermeasures is seen as equivalent to the suspension of an obligation.
In the latter case it would be necessary to mention expressly the restrictions applying to the taking of countermeasures.
The most complex issue in that regard was the taking of countermeasures by States other than the injured State.
The remaining issue concerning invocation of responsibility by an injured State relates to the taking of countermeasures.
Article 54 deals with the taking of countermeasures by the States referred to in article 49, i.e. States other than the injured State.
Some delegations favoured placing greater emphasis on dispute settlement procedures before the taking of countermeasures.
Moreover, the taking of countermeasures need not be based on the rules of the organization, but should not be inconsistent with those rules.
Article 48 lays down certain procedural conditions for the taking of countermeasures, or for their continuation in force.
For example, the taking of countermeasures hardly qualifies as part of the"content" of responsibility or as one of its"forms.
Slovakia also supports the decision of the Commission not to link the taking of countermeasures to the dispute settlement mechanism.
It supported the proposal by the Special Rapporteur for the development of a mechanism to deal with disputes which might arise from the taking of countermeasures.
Specifically in relation to countermeasures, article[48](2)linked the taking of countermeasures to binding dispute settlement procedures.
That issue is one that the Commission will have to tackle in dealing with Part Three of the draft,namely with dispute settlement procedures after the taking of countermeasures.
Chapter II of part four dealt with the substantive rules governing the taking of countermeasures and was largely unchanged from the version adopted on first reading.
The Special Rapporteur has already given his reasons for rejecting the special linkage adopted on first reading between compulsory dispute settlement and the taking of countermeasures.
Moreover, it considers that"some such limitation on the taking of countermeasures is desirable", even if the term"extreme" lacks precision.
The view that countermeasures should not be dealt with in thedraft articles at all, was, in effect, a view in favour of few limitations on the taking of countermeasures.
Allowing too much room for discretion in the taking of countermeasures could upset the balance required to win general acceptance of the draft articles.
However, even they did not defend the inequality that existed in the relationship between the taking of countermeasures and dispute settlement.
Paragraph 3 provided that the taking of countermeasures by an injured State could not justify the breach of an obligation of that State towards a third State.
In particular, these Governments continue to be highly critical of the procedural conditions to the taking of countermeasures contained in article 53.
This implies that the taking of countermeasures need not be based on the rules of the organization, but should not run counter any restriction provided for in these rules.
However, there were two even more negative elements, the first being the predominance of the unilateral taking of countermeasures over the obligation to settle disputes.
The taking of countermeasures can give rise to abuses and would probably be even more likely to do so if one yielded to the temptation to establish a less strict regime for resort to countermeasures in response to a State crime.
For all these reasons, the Special Rapporteur is firmly of the view that the linkage between the taking of countermeasures and compulsory arbitration should not be retained.
The Commission, however, had not confined itself to codifying the aforesaid practice, but had also dealt with the thorny issue of the relationship between recourse to certain dispute settlement procedures and the taking of countermeasures.
The German Government has some doubts as to whether the obligation to negotiate prior to the taking of countermeasures is an accepted principle under international law.