Examples of using Draft art in English and their translations into Arabic
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See" Draft articles", art. 5; see also paras. 46-51 below.
His delegation also took note of theduty of each State to reduce the risk of disasters(draft art. 16).
See" Draft articles", art. 8(3); see also para. 54 below.
Those delegations accordingly considered that the present text in the CMI Draft(art. 1(1)(c)) should be maintained.
The relevant provisions of the draft articles(draft arts. 21 and 50-56) apply only to the former category of actions.
However, there is no way of separating two subjects that are linked; therefore, the use of forcecannot be completely disregarded here(see draft arts. 13 to 15).
The exemtion clauses now contained in draft Art. 18 are too wide-ranging(in the case of armed forces) and too narrow(in the case of liberation movements and insurgents) at the same time.
On the other hand, however, several articles do address such issues,explicitly or by implication(in particular draft arts. 1(2), 32(2), 39, 49 and 57-61).
While the Commission makes clear that the latter acts are not covered by the draft articles(para.(3)to the commentary to draft art. 1), some examples quoted in the documents remain ambiguous.
As a result, the treaty may or should become operative once again, unless other causes of termination,withdrawal or suspension have emerged in the meantime(see draft art. 17), or unless the parties have agreed otherwise.
This paragraph was formerly draft art. 51(3) of the text as set out in A/CN.9/WG. III/WP.56, with slight modifications to reflect the views of the Working Group A/CN.9/594, paras.
Lastly, international organizations were, like States, under an obligation not to recognize as lawful a situation created by aserious breach of international law(as provided in draft art. 45, para. 2).
While the draft articles address the impact thatcountermeasures may have on the targeted entity(see draft art. 53), it may also be useful to address the issue of the impact of countermeasures on non-targeted entities.
Furthermore, where decisions to act have already been taken by governing organs and an alleged omission occurs at the hand of the executive organs, the act would violate the internal rules of the organization andthe matter would be governed under lex specialis(draft art. 63).
Her delegation endorsed the proposed definition of the term" disaster"(draft art. 2) and agreed that situations covered by international humanitarian law, such as armed conflicts, should be excluded from the draft articles.
It is unnecessary to reiterate here the distinction between pre-countermeasures(Pre-CMs) and post-countermeasures(Post-CMs) dispute settlement obligations, and the Special Rapporteur 's proposals relating to the former(draft art. 12 of Part Two) or to the latter(draft arts. 1 to 7 of Part Three).
The notions of aid and assistance(draft art. 57), and even more direction and control(draft art. 58), not to mention" coercion"(draft art. 59), seem to deny the distinct legal personality of international organizations.
It reflected the Working Group ' s desire to ensure that once parties did apply even part of the Model Law,uniformity of interpretation was retained(draft art. 2) and fair and equal treatment was maintained during conciliation(draft art. 7, para.(3)).
This is all the more true ifone takes into consideration the broad wording of draft Art. 18 paras.2 and 3, which exclude from the scope of application nearly any activity of armed forces during an armed conflict, but also in any kind of official duties outside such conflict.
The commentary adds that this restriction, while not expressed in the article, seems self-evident in view of the fact that the jurisdiction of the arbitral tribunal is based on, and given within the limits of, that agreement. Doc. A/CN.9/264, UNCITRAL Yearbook, vol. XVI: 1985, part two, I, B,commentary on draft art. 23, paras. 5 and 8.
While it understood the Commission ' s decision not to define that concept in draft article 1, it also noted that the draft definitionformulated by the Special Rapporteur in her second report(A/CN.4/661, draft art. 3) had not been included in the text of draft article 3 provisionally adopted by the Commission.
It was observed that there might be inconsistencies in the terminology used in the draft Convention in terms of describing the party instituting a claim, which was described variously as" the person asserting a claim against the carrier"(draft art. 77, para. 2),the" claimant"(draft arts. 18 and 50, para. 5), and the" plaintiff"(draft arts. 68 and 70).
Should a distinction be drawn between decisions of the SecurityCouncil relating to self-defence(Art. 51 of the Charter; draft art. 13) and those relating to aggression(Chapter VII of the Charter)? Since Article 51 is part of Chapter VII of the Charter and draft article 14 functions merely as a reference, this does not seem to be essential.
Unfortunately, the draft articles do not choose consistently between those two approaches: on the one hand, in paragraph(10) of the commentary to draft article 1, the Commission explains that"[t]he present articles do not address issues relating to the international responsibility that a Statemay incur towards an international organization"(see also draft art. 18).
One can remember one influential voice, that of Karl-Heinz Boeckstiegel, who early on, in the late 70 ' s or early 80 ' s,postulated and explained that Art. 15[now draft Art. 17] must be understood as displacing the non-mandatory local law governing the conduct of the arbitral process and, a fortiori, also the general law of civil procedure.
As commented above in relation to draft article 9, it is not consistent for the draft articles to state, on the one hand, that a responsible international organization may not rely on its internal law(" its rules") to justify its failure to comply its obligations(draft art. 31(1)) and, on the other hand, state that a breach of the internal law of the organizationmay amount to a breach of international law(draft art. 9(1)).
This criterion was expressed more than once, with regard to any kind of countermeasures, in our 1992 proposals. It was inherent in the general concept of"adequate response" from the allegedly law-breaking State(in draft art. 11); and it also appeared in paragraph 2(a) in the condition of good faith(on the part of that same State) in the choice and implementation of available settlement procedures.
However, concern was expressed that, in daily arbitration practice, requiring a sender of an electronic notice to confirm the date of delivery to the addressee ' s address before being able to calculate time periods for the parties 'further obligations in the arbitration(pursuant to draft art. 2, para. 6) could be excessively burdensome, whereas the date of sending could be readily ascertained.
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