Examples of using Commentary on draft article in English and their translations into Arabic
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The commentary on draft article 14 should also be developed.
A possible example is given in paragraphs(2) to(5) of the commentary on draft article 63(A/64/10, para. 51).
The commentary on draft article 5 could also make the same point.
The following criteria for inclusion in the list are given in the Working Group ' s commentary on draft article 22.
Paragraph(4) of the commentary on draft article 39 includes a text that had been proposed by some members of the Commission.
The phrases" at the date of injury" and" at the date of theofficial presentation of the claim" are explained in the commentary on draft article 5.
The formulation is drawn from the commentary on draft article 14, as well as the International Law Institute resolution.
For the above reasons, IMF urges a broader construction of" essential interest" thanis suggested by the Commission ' s commentary on draft article 22.
The Commission explained in its commentary on draft article 20 as adopted on first reading that the application of this flexible system may.
The European Commission considered that an example given in paragraph(3) of the commentary on draft article 8(A/64/10, para. 51) was" misplaced".
With respect to the text of the definition, the commentary on draft article 2 referred to the view that the international legal personality of an organization was an" objective" personality.
However, it was suggested that draft article 4 should be deleted andthe problem of expulsion of nationals addressed in the commentary on draft article 3.
With respect to so-called" early" acceptances, theCommission ' s commentary on draft article 17(current article 20) clearly indicates that.
Furthermore, Belgium regrets the fact that the question of the relationships between State successionand diplomatic protection was not addressed, even in the commentary on draft articles 5 and 7.
(5) With respect toso-called" early" acceptances, the Commission ' s commentary on draft article 17(current article 20) clearly indicates that.
The Working Group ' s commentary on draft article 2 notes that there was disagreement among its memberson what type of relationship the Tribunal should have with the United Nations.
The reference in draft article 13 to" 9 and 10" should therefore be replaced by" 9to 12 inclusive", and paragraph 4(of the commentary on draft article 13) should refer specifically to limited liability companies.
For example, the commentary on draft article 9 notes that" it was clearly understood that a judge of the Court could not be, at the same time, a member or official of the Executive Branch of Government.".
At the very least,the Commission's understanding, as reflected in paragraph(3) of the commentary on draft article 19, that the regime applied, mutatis mutandis, to such situations should be mentioned in the draft. .
In the commentary on draft article 7, the Commission had relied heavily upon decisions of the Italian-United States Conciliation Commission and awards of the Iran-United States Claims Tribunal.
While countermeasures could be envisaged in the latter case, in the former case the rules of the organization may provide for sanctions that cannot be assimilated to countermeasures,as was noted in paragraph(3) of the commentary on draft article 21(A/64/10, para. 51) and emphasized by one State.
The commentary on draft article 5 suggested that the test of" effective control" was based largely on practice relating to peacekeeping operations; that test might not be appropriate to the breadth of situations to which the draft article potentially applied.
Belgium suggests, in particular,that the Commission should specify at an earlier stage in the commentary on draft article 57 the precise reasons why the participation of a State member in a decision-making process which could lead to the commission of an internationally wrongful act does not fall within the purview of draft article 57.
The commentary on draft article 56 also reveals a difference of views in the Working Group as to whether there should be a separate and distinct appeals chamber akin to the one established by article 11 of the Statute of the international tribunal for crimes in the former Yugoslavia.
For example, we think it is useful that paragraph 8 of the commentary on draft article 1 makes clear that diplomatic protection does not include demarches or other diplomatic action that do not involve the invocation of the legal responsibility of another State, such as informal requests for corrective action.
Paragraph(4) of the commentary on draft article 14 referred to the remedies available to an alien that must be exhausted before diplomatic protection could be exercised, whereas, in earlier versions of the text, the commentary had referred to remedies that must be exhausted before a claim was brought.
Mr. Lavalle(Guatemala),referring to the topic of diplomatic protection and to paragraph 7 of the commentary on draft article 1, said that the rules of diplomatic protection clearly should not apply if a State in whose territory a diplomatic or consular agent exercised their duties failed to comply with its obligations towards those persons or their property or their privileges and immunities under the relevant articles of the Vienna Conventions on Diplomatic and Consular Relations.
At most, the commentary on draft article 4could state that, to the extent possible, States should not denationalize a person with a view to his or her expulsion and, if they did so, they must respect their national legislation and any particular criteria which might be set out in the commentary. .
With regard to paragraph 4 of the commentary on draft article 16, the Islamic Republic of Iran shared the Commission ' s view that it was for the competent international tribunal to determine the admissibility of a claim of exception to the local remedies rule and would prefer to see that point duly reflected in the text of the draft article. .
He pointed out that the commentary on draft article 20 discussed certain modalities which needed to be observed for consent to be considered valid, and reference was made to" cases in which consent may not be validly given at all", with a cross reference to draft article 26, on compliance with peremptory norms, which applied to chapter V as a whole.