Examples of using Draft articles could in English and their translations into Arabic
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The draft articles could become important and influential tools for all to use.
The point had been made that renumbering the draft articles could assist States in better contextualizing the issues at hand.
The draft articles could then enter into international law through State practice, the decisions of international courts and tribunals, and academic writings.
From its experience drawn from the implementation of those agreements,Finland was of the opinion that the draft articles could also contribute to the protection and collective use of aquifers.
Producing draft articles could lead to misunderstandings and further confuse an already complicated and difficult topic.
While other situations could be envisaged, the draft articles could not deal with all of the procedural ramifications of situations of multiple responsibility.
However, the draft articles could provide guidance that would make it possible for future practice to evolve within a clearer framework.
Portugal reiterated that the draft articles could contribute positively to the proper management of existing transboundary aquifers around the world.
If so, the draft articles could be more specific in elaborating on the distinction between" primary" and" subsidiary" responsibility.
His delegation believed that the draft articles could make a positive contribution to the sound and equitable management of transboundary aquifers and hence to the promotion of peace.
The draft articles could provide useful guidance for the effective management of transboundary aquifers, and his delegation encouraged concerned States to utilize them for that purpose.
It was also indicated in that context that an annex to the draft articles could address the potential concurrence between the exercise of diplomatic protection by a State and that of functional protection by an international organization.
For some delegations, the draft articles could lead to the adoption of model principles in the form of a model convention that could be used at the bilateral or regional level.
Indeed, the draft articles could only prevail over the 1997 Convention on the Law of the Non-navigational Uses of International Watercourses if they were adopted in the form of a legally binding instrument.
Otherwise, the draft articles could create confusion and be seen as articulating new or alternative rules not well settled in international law and practice that could present an obstacle to broad support.
Although the general principles identified in the draft articles could serve as guidelines for aquifer States, his delegation was not convinced that it would be appropriate to adopt the draft articles in the form of a convention.
There was a need for some degree of legal certainty, and the draft articles could form the basis of a binding legal instrument setting out recognized norms and practices, to assist successor States in enacting domestic laws consistent with international practice.
With some key changes, the draft articles could be used in the elaboration of a convention by an international conference of plenipotentiaries, which would be in a better position to make use of inputs from the scientific community, universities and experts than would the General Assembly.
Mr. Kowalski(Portugal) said that the draft articles could contribute positively to the proper management of existing transboundary aquifers around the world and to the promotion of peace, especially as they made reference to the human right to water and the principles of environmental law.
The draft article could nevertheless be of assistance to administrative or judicial authorities.
It was suggested that the draft article could include a renvoi to the mechanism of suspension or termination provided for by the treaty.
He shared the concern of the German delegation, however, that the draft article could be used for motives other than that intended.
He believes, however, that the acts covered by the draft article could be prosecuted as acts of aggression and that there might, as a result, be no need to devote a separate article to them.
In response to a question,it was explained that" another dispute" referred to in the draft article could involve parties other than the parties in the conciliation proceedings.
The view wasexpressed that the word" law" in paragraph 2 of the draft article could lead to confusion in certain legal systems and it was suggested that the text should instead refer to the" applicable law" or" applicable rules of law", as appropriate.
It was also noted that the protections currently contained in the draft article could be found elsewhere in the draft articles, in particular article 3 on protection by the State of nationality and article 17 on actions or procedures other than diplomatic protection.
It should first affirm the right of the affected State to request the termination of assistance" at any time", and then,once that right was established, the draft article could provide for notification of termination and consultation between the affected State and those providing the assistance.
It was also noted that the working assumption with respect to the draft instrumentwas that it was to cover door-to-door carriage, and that the presumption contained in the draft article could be quite inappropriate in the case where, for example, the carrier that failed to identify itself was a non-vessel operating carrier.
This suggestion had already been made by the Special Rapporteur in the second report, and since it was not opposed either in the Commission or in the Sixth Committee,it seems that the text of the first paragraph of that draft article could be as follows.
Nor is there any clear need for the concept, given the generality of the normal regime of State responsibility, and the breadth of the powers of the Security Council under the Charter to deal with threats to or breaches of international peace and security,powers which are now being vigorously used and which the draft articles cannot in any way affect.