Примеры использования To avoid compliance на Английском языке и их переводы на Русский язык
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Responsibility of a member State seeking to avoid compliance.
This scheme would help to avoid compliance with the other participants of the project, the source said.
Responsibility of a member State seeking to avoid compliance.
It purports to avoid compliance with one of its international obligations by availing itself of the fact that the organization has been provided with competence in relation to that obligation, and.
Draft article 60-- Responsibility of a member State seeking to avoid compliance.
It is, however, hard to understand how a State may"seek to avoid compliance" without thereby acting with a"specific intention of circumvention.
The main concern of the AHGE on CMM was the potential for mine safety to be compromisedthrough the dilution and transport of lower concentration methane to avoid compliance.
The same could be said of the words"seeking to avoid compliance" in draft article 60.
Nevertheless, the Government of the Republic of the Marshall Islands will carefully scrutinize the implementation of the agreement to ensure that it can be verified andthat it does not become a loophole to avoid compliance with UNSCOM.
As for the question of"intent",the notion of"seeking to avoid" compliance does require establishment of intent, even if this intent can be inferred from the circumstances, as set out in paragraph(7) of the commentary.
It is well known that flags of convenience are invariably used as a device by the owners of fishing vessels to avoid compliance with conservation and management measures.
Moreover, the perception of local industry is that it is easier to avoid compliance with a standard, assuming poor monitoring and enforcement capacity, than with fiscal and incentive mechanisms, where little flexibility exists.
Such a decision would be fair and reasonable where there is evidence that the claimant State has deliberately requested a declaratory judgement in order to avoid compliance with the local remedies rule.
Similarly, the question of consent raised in draft article 19 orthe question of intent to avoid compliance raised in draft article 60 might be determined as a question of fact or a mixed question of fact and law by a tribunal seized of the matter.
The term"circumvention" implies an intention on the part of the international organization to take advantage of the separate legal personality of its members in order to avoid compliance with an international obligation.
While retaining a necessarily subjective element of intent on the part of the member State seeking to avoid compliance, the Commission had stressed the causal link between the advantage taken by the State of the competence of the organization and the commission of a given act by the latter.
Those engaged in IUU fishing activities are able to exploit differences or deficiencies among the monitoring, control and surveillance measures adopted by States andRFMO/As in order to escape detection or to avoid compliance.
The present draft acknowledges this concern within the article's wording when it requires a State having to seek to avoid compliance with its own obligation by taking advantage of the organization.
Those engaged in illegal, unregulated and unreported fishing activities have been able to exploit differences or deficiencies among the monitoring, control and surveillance measures adopted by States andregional fisheries management organizations to escape detection or to avoid compliance.
Various States approved the approach taken by the Commission in adopting draft article 60 on the responsibility of a member State for seeking to avoid compliance, although some of these States sought certain clarifications or amendments.
While they generally welcomed the principle underlying the article dealing with the responsibility of a State seeking to avoid compliance with one of its obligations by taking advantage of the competence entrusted to an organization of which it is a member, some delegations questioned the breadth of that provision and sought further clarification of the causal link between the conduct of the State and that of the organization.
A third condition for international responsibility to arise according to the present article is that there is a significant link between the conduct of the member State seeking to avoid compliance and that of the international organization.
Changes had also been made to draft article 60 concerning the responsibility of a State member of an international organization that sought to avoid compliance with one of its own international obligations by taking advantage of the fact that the organization had competence in relation to the subject matter of that obligation.
The Community noted with satisfaction that former draftarticle 28 entitled"International responsibility in case of provision of competence to an international organization" had been recast as draft article 60 with the title"Responsibility of a member State seeking to avoid compliance", a distinct improvement.
Investigate all purchase orders awarded to the same suppliers on the same day to identify those purchase orders that might potentially have been split to avoid compliance with thresholds established in the procurement guidelines; and(ii) monitor the potential splitting of purchase orders(para. 365);
In his seventh report on responsibility of international organizations(A/CN.4/610), the Special Rapporteur had emphasized the innovative nature of the idea underlying draft article 28 on international responsibility in caseof provision of competence to an international organization(now draft article 60 on responsibility of a member State seeking to avoid compliance), although it could be found in some jurisprudence.
In that context, paragraph(7) of the commentary to draft article 60 seemed somewhat weak,since it stated that only a significant link between the conduct of the member State seeking to avoid compliance and that of the international organization was required and that an assessment of a specific intent on the part of the member State of circumventing an international obligation was not required.
IUU fishing is also undertaken by vessels that were formerly registered in a State member of regional fisheries organizations orarrangements but were subsequently registered in a non-member State(reflagging to a flag of convenience) to avoid compliance with conservation and management measures.
However, exceptions are provided for the cases envisaged in articles 59 and 60, which deal respectively with coercion of an international organization by a State and with international responsibility in caseof a member State seeking to avoid compliance with one of its international obligations by taking advantage of the competence of an international organization.
This is particularly so since he is the presiding officer of the legislature of the United States of America, an institution presumed to respect international covenants and the norms of international law and to urge compliance with them, not to engage in open incitement to their violation or to encourage Israel,the occupying Power, to avoid compliance with them in accordance with standards of force and usurpation.