Exemples d'utilisation de Measures of constraint en Anglais et leurs traductions en Français
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Official
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Colloquial
Measures of constraint.
State immunity from pre-judgment measures of constraint.
Measures of constraint, including.
Article 18: State immunity from measures of constraint.
In principle, measures of constraint should not be implemented against State property before judgement.
Article 19-- State immunity from post-judgment measures of constraint.
Articles 18 and 19: Measures of constraint against State property.
If such a power is recognized,there are also different views as to which property may be subject to measures of constraint.
The question of State immunity from measures of constraint was highly sensitive.
Measures of constraint could only be effective where the defendant State had assets in the territory of the forum State.
The distinction made between pre-judgement and post-judgement measures of constraint was an interesting one.
May 2017: The Court of Measures of Constraint in Bern extend the detention by three months.
Even if such a power was recognized,there were also different views as to which property might be subject to measures of constraint.
Part IV State immunity from measures of constraint in connection with proceedings before a court.
Support was expressed for article 19, defining specific categories of property which would be immune from measures of constraint.
Secondly, the question of measures of constraint against State property was a fundamental area of concern.
At the same time,it was reasonable to grant the State in question a period of time to carry out the measures of constraint which it had expressly accepted.
They proceed from the principle that no measures of constraint may be taken and thus, also provide for certain exceptions to that principle.
A solution on the issue of prejudgment measures also largely depended on the application of post-judgement measures of constraint.
Articles 18 and 19: Provide for State immunity from measures of constraint and delineate its limits.
As for measures of constraint against State property, the French practice was similar to that mentioned by the Working Group.
However, Australia did not insist that a strengthening of measures of constraint was the only possible solution.
The proposed wording(“measures of constraint”) would seem to be more appropriate for an instrument of a procedural nature.
Therefore, there should be room for the Governments of the two States to resolve the question through diplomatic channels andthe arbitrary enforcement of measures of constraint avoided.
The prosecutor then proposes to the court either measures of constraint, pre-trial detention or a substitute measure. .
Measures of constraint was another difficult issue which the Commission must examine in depth, since there was no established rule of law in that area.
In other words,French courts were reluctant to order measures of constraint against State property that was essential to the exercise of sovereign functions.
Three years earlier, notwithstanding the efforts made by the Chairman of the informal consultations, Mr. Carlos Calero-Rodrigues, differences of views had remained on several questions,notably the criteria to be used in determining the commercial character of a contract or transaction, and measures of constraint.
To enlarge the scope of measures of constraint a suggestion was made to delete the words“economic” and“political” from the draft articles.
While there might be exceptions, they should be fully justified and in conformity with the convention, andthe applicability of State immunity and measures of constraint should not be left to the interpretation given a general reference to international law.