Examples of using Contained in the draft articles in English and their translations into Arabic
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Ecclesiastic
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Prevention was indeed a most important concept and the rules contained in the draft articles were most useful.
Although the basic principles contained in the draft articles were to be respected, bilateral and regional arrangements should take priority.
It would of course not suffice to apply the requirement of prior authorization only to hazardous activitiesundertaken after the State of origin adopted the regime contained in the draft articles.
Views on whether the rules contained in the draft articles should also apply to transboundary confined groundwaters had been divided in the Commission.
Read literally, it suggests that there can be a violation of a treaty without any responsibility,which is not in accordance with the conception of State responsibility contained in the draft articles.
Many of the principles contained in the draft articles on State Responsibility are relevant to diplomatic protection and are therefore not repeated in the present draft articles. .
It was said that in some cases the obligations contained in the draft articles appeared to be unclear because of the difficulty of defining such terms as significant transboundary harm, due diligence and equitable balance of interests.
It was suggested that a sentence should be added to the article stating explicitly that the States concerned were also obligated to ensure that the outcome of such negotiations was in accordance with the principles and rules contained in the draft articles.
Commends States to be guided by the principles contained in the draft articles on the law of the non-navigational uses of international watercourses, where appropriate, in regulating transboundary groundwater;
It should be noted that Act No. 24,448 on immunity from jurisdiction of foreign States before Argentine courts, insofar as its basic provisions referring to the scope of immunity are concerned,contains norms substantially similar to those contained in the draft articles.
As all watercourse States shared common interests,concerned efforts should be made to promote the principles contained in the draft articles, which should not become a source of further conflict in the endeavour to accommodate different interests.
Several delegations supported the Commission ' s suggested reformulation of subparagraph(b) of paragraph 1 of article 2 of the draft articles as a way of harmonizing the concept of aState for purposes of immunity with the concept of a State contained in the draft articles on State responsibility.
Clearly, then, the general principles contained in the draft articles(as lex generalis, to the extent they reflect obligations binding on all international organizations), would not prevail over the rules of the organization, as lex specialis.
However, his delegation had some concerns about certain concepts anddefinitions contained in the draft articles relating to the features of its own hydrological situation and the implications of the articles for current regulations in Peru.
Some representatives noted with approval the Commission ' s decision not to include unrelated groundwaters butinstead to recommend that States should consider applying the principles contained in the draft articles to confined transboundary groundwater.
It had been considered preferable to state the basic point that the principles pertaining to corporations contained in the draft articles would have to be adjusted in order to take that diversity into account. It would then be for a court to determine which principles in fact applied to other legal persons.
His delegation also welcomed the flexibility inherent in the definition of the term" utilization" in draft article 2,which left open the possibility that the principles contained in the draft articles might apply to uses other than the extraction of water.
With regard to the law of transboundary aquifers,his delegation was of the opinion that the rules contained in the draft articles should in the near future be given the force of treaty obligationsin order to strengthen their impact on the protection of water resources for all humanity, which was an issue of growing importance.
He therefore welcomed the Commission ' s decision not to deal with the question in the draft articles but rather to adopt a separate resolution in which itcommended States to be guided by the principles contained in the draft articles, where appropriate, in regulating transboundary groundwater.
Consequently, a definitive position on the final form would emerge only after an assessment had been made as to whether andhow the principles contained in the draft articles were reflected at the bilateral and regional levels and after discussions on such additional issues had been held in the General Assembly.
For example, a disaster might be of such magnitude that the Security Council adopted a binding resolution on an international operation to provide humanitarian assistance to its victims. In such a case, the Security Council resolutionwould take precedence over the general rules contained in the draft articles and even over special bilateral or multilateral agreements.
At the same time, the Commission adopted and submitted the following resolution to the General Assemblycommending States to be guided by the principles contained in the draft articles on the law of the non-navigational uses of international watercourses, where appropriate, in regulating transboundary groundwater.
Ms. Alias(Malaysia), after noting that the draft articles on responsibility of international organizations were modelled on the articles on State responsibility, said that the right to invoke the international responsibility of an international organization was acceptable,since the principles contained in the draft articles on State responsibility applied equally to international organizations.
His delegation also supported the Commission ' s resolution on confined transboundary groundwater,which commended States to be guided by the principles contained in the draft articles on the law of the non-navigational uses of international watercourses, where appropriate.