Exemples d'utilisation de Exceptions to transparency en Anglais et leurs traductions en Français
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Official
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Colloquial
Exceptions to transparency.
Paragraph(1)-- Exceptions to transparency.
Exceptions to transparency.
Draft article 7-- Exceptions to transparency.
Are exceptions to transparency, based on e.g. national security or confidentiality, clearly defined and delimited?
Draft article 8-- Exceptions to transparency.
One suggestion was to revisit the issues raised by article 7(1) after the Working Group had considered article 8,which was intended to deal with exceptions to transparency.
Article 7-- Exceptions to transparency.
At its fifty-eighth session, the Working Group expressed formal andunanimous support for the revised compromise proposal which included article 7 on exceptions to transparency.
Consensus on the provision on exceptions to transparency.
Article 7 addressed exceptions to transparency, which were limited to the protection of confidential and sensitive information and of the integrity of the arbitral process.
The Working Group agreed that those two categories should constitute exceptions to transparency provisions in articles 2 to 6 of the rules.
Paragraph(1) limited the exceptions to transparency to the protection of confidential and sensitive information and the protection of the integrity of the arbitral process.
It was felt by the Working Group that the"integrity of the arbitral process" would need to be defined,as it could otherwise become an overly broad category, and exceptions to transparency should be concisely defined.
Concerns were expressed regarding the nature andscope of that category of possible exceptions to transparency because it seemed overly broad and vague and might inappropriately limit transparency. .
The Commission was reminded that, at its fifty-eighth session, the Working Group had expressed formal andunanimous support for the revised compromise proposal that included article 7, on exceptions to transparency.
It was also suggested that exceptions to transparency to protect confidential or sensitive information should provide clarity and guidance, in order to avoid disputes between the parties on that matter.
Their application such as those set out in paragraphs 14-34 of document A/CN.9/WG. II/WP.176/Add.1 was implemented, and that the rules on transparency would apply to treaties concluded in the future unless Parties to a treaty opted out of their application; and( ii) at the same time, to retain a highlevel of transparency in the substantive provisions addressing open hearings( article 6, paragraph( 1)) and exceptions to transparency draft article 7, paragraph 2.
It was questioned whether the exceptions to transparency that related mainly to the protection of confidential and sensitive information would cover all the instances where hearings would need to be held in private.
Further, it was pointed out that, in limited and well-defined circumstances,there could be legitimate exceptions to transparency, but that attention should focus on ensuring that any limitation on transparency did not defeat its very purpose with regard to good governance.
Both of these articles,it was stated, allowed exceptions to transparency for the protection of essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.
If such measure or any other exception to transparency requirements of the Model Law or any other measure for protection of classified information is taken, it is to be disclosed at the outset of the procurement in accordance with paragraph(3) of the article. For the definition of"procuring involving classified information" and commentary thereto, see article 2j.
If such a measure or any other exception to transparency requirements of the Model Law or any other measure for protection of classified information is taken, it is to be disclosed at the outset of the procurement in accordance with paragraph(3) of the article. For the definition of“procurement involving classified information”, see article 2(l) and the commentary thereto.
A new procedure to ensure transparency of exceptions to the principle of free movement of goods entered into effect on 1 January 1997.
There was general agreement that the substantive issues to be considered in that respect would be as follows: publicity regarding the initiation of arbitral proceedings; documents to be published(such as pleadings, procedural orders, supporting evidence); submissions by third parties("amicus curiae") in proceedings; public hearings;publication of arbitral awards; possible exceptions to the transparency rules; and repository of published information"registry.
It was further said that any exception to transparency for the protection of the integrity of the arbitral process should be based on a high threshold, and should be limitedto the examples given of protection from intimidation or physical threat to persons involved in the arbitral proceedings.