Examples of using A binding decision in English and their translations into Arabic
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Ecclesiastic
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The process results in a binding decision.
A binding decision as such hence does not constitute coercion in the sense of this article.
The Commission has notyet used its powers to ask the courts for a binding decision.
The Council may adopt a binding decision, either endorsing the invocation of self-defence or rejecting it.
Paragraph 5 should also include a reference tosituations in which the Security Council has taken a binding decision.(Netherlands).
You will appreciate that FICSA could not make a binding decision on participation until details of the facilitator were known.
In arbitration, the parties entrust the dispute resolution process andthe outcome of the dispute to the arbitral tribunal that imposes a binding decision on the parties.
Only where a binding decision is accompanied by additional and illegal action such as the threat or use of force may draft article 15 become applicable.
The staff member could also appeal an unsatisfactory outcome to theUnited Nations Administrative Tribunal, which issued a binding decision on the matter.
This proposition suggests that the act of taking a binding decision alone constitutes wrongful conduct, as this act gives rise to the breach of an obligation.
If parties to a dispute cannot resolve their dispute through bilateral means,the Convention provides for one of four procedures entailing a binding decision.
As for draft article 14, a binding decision of an international organization could give rise to coercion, but only in exceptional circumstances.
The Czech Republic does notbelieve it helpful for the Security Council to take a binding decision to apply a particular measure at a specific time in the future.
Paragraph 1 stated that a binding decision by an international organization could, in itself, be enough to constitute an internationally wrongful act.
The discretion of the member should therefore notbe a factor in treating the situation differently from a binding decision to commit an internationally wrongful act.
A binding decision regarding the Tribunal on the part of the Security Council will be fully consistent with the importance the United Nations has attached to this matter from the outset, when the investigation commission was established.
If a dispute could not be settled by means of a fact-finding commission, a State party should beentitled to embark on a judicial procedure leading to a binding decision.
(4) In the relations between an international organization andits member States or international organizations, a binding decision by an international organization could give rise to coercion only under exceptional circumstances.
Thus, a conciliation ends either in a settlement of the dispute or it ends unsuccessfully, whereasthe arbitral tribunal, if there is no settlement, imposes a binding decision on the parties.
It is suggested that an obligation of result(as in a Community directive)comes very close to a binding decision, but nevertheless may leave a certain amount of discretion to the member States of an organization.
Most commonly, national institutions can receive individual complaints and are able to conduct an enquiry and then refer the matter to the specialized body orto the courts to obtain a binding decision(El Salvador, India).
One State suggested to specify in paragraph 3 of the commentary on draftarticle 15 that" only where a binding decision is accompanied by additional and illegal action such as a threat or use of force may article 15 become applicable".
Indeed, when an alternative procedure-- whether resorted to by the State or by the individual to be protected--entails a binding decision adopted by a fully independent and impartial judge, the right to exert diplomatic protection should no longer exist.
According to that State, if a dispute could not be settled by means of a fact-finding commission, a State party should beentitled to embark on a judicial procedure leading to a binding decision(A/C.6/53/SR.13, para. 67).
(3) Should nevertheless an international organization be considered as coercing a member State orinternational organization when it adopts a binding decision, there could be an overlap between draft article 14 and draft article 15.
Individuals who are denied access or who believe their request was mishandled may appeal to the Commissioner, who has the authority to review the matter,make all findings of fact and law and issue a binding decision.
(5) Should nevertheless an international organization be considered as coercing a member State orinternational organization when it adopts a binding decision, there could be an overlap between the present article and article 17.
Furthermore, in relation to the role and functioning of the Court, I would like to note that at major treaty-making conferences and other legal forums, Cyprus has consistently advocated compulsorythird-party dispute settlement procedures entailing a binding decision.
In the interests of being systematic, it would be advisable to add a subparagraph to paragraph 5 indicating that countermeasures are not permitted orshould be suspended" if the Security Council has taken a binding decision with regard to the dispute".