Examples of using Draft principle in English and their translations into Arabic
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Political
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Ecclesiastic
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Ecclesiastic
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Any conditions,limitations or exceptions to such liability shall be consistent with draft principle 3.
Draft principle 4, paragraph 5, should be reconsidered in the light of the" polluter-pays" principle. .
It was also unclear whether the liability to be imposed under draft principle 4, paragraph 2, was strict or absolute liability.
Draft principle 6 established a duty to provide adequate mechanisms at the national and international levels.
The extent to which damage to the environment was covered had to be determined in the context of the terms used in draft principle 2.
Draft principle 2 defines damage, and damage to environment per se is included along with damage to persons and property in paragraph(a).
It was also considered useful to combine paragraph 2,concerning international claims settlement procedures, with draft principle 7, on specific international regimes.
Draft principle 4, paragraph 4, required that, where appropriate, the State of origin should establish" industry-wide funds" for compensation at the national level.
States should provide appropriate procedures toensure that compensation is provided in furtherance of draft principle 4 to victims of transboundary damage from hazardous activities.
The point was also made that draft principle 1 should be re-examined; its language, more typical of an international convention, could suitably be placed in the preamble.
It provides that such a liability regime should not require proof of fault and any conditions orlimitations to such liability should be consistent with draft principle 3, which highlights the objective of" prompt and adequate compensation".
In connection with draft principle 4, paragraph 5, his delegation noted that some hazardous industries were currently being relocated from developed States to developing States.
However, the primacy of the operator 's duty to provide compensation was not reflected in draft principle 4, paragraph 2, which provided for it to be imposed on another" person or entity" where appropriate.
(1) This draft principle reflects an important role that is envisaged for the State of origin in fashioning a workable system for compliance with the principle of" prompt and adequate compensation".
Fourthly, liability principles should be based primarily on civil liability, and a liability regime ought consequently to impose liability on the operator; in addition,there should be appropriate financial guarantees as proposed in draft principle 4.
In addition to the persons referred to in draft principle 3, paragraph 1, there might be other persons who could act on behalf of the State and bind it by formulating a unilateral declaration.
Draft principle 5 assigns to the State in question the responsibility of determining how such measures should be taken and by whom whether by the State itself, the operator or some other appropriate person or entity.
His delegation would have expected to see more prominence given,in the preamble and in draft principle 4, to the" polluter pays" principle. Draft principle 4 must be carefully studied, particularly the application of no-fault liability under paragraph 2.
The draft principle also rightly emphasized the obligation of the operator to provide compensation, while also offering alternative possibilities in the event that the various measures taken were insufficient to provide adequate compensation.
The principle of non-discrimination is referred to in paragraph 3 of draft principle 6 and provides that States should ensure no less prompt, adequate and effective remedies to transboundary victims than those available to its nationals.
The draft principle sought to integrate various forms of securities, insurance and funding mechanisms to provide sufficient financial guarantees for the provision of prompt and adequate compensation, in accordance with paragraphs 3 and 5.
Some delegations welcomed the text of draft principle 5; it presented general rules that would make it possible to identify the obligations arising for the State of origin, together with the role to be played by other parties.
Lastly, draft principle 8, paragraph 1, should be understood to mean that the draft principles were to serve as guidance to States when they adopted rules on liability at the national or international level.
More generally, with reference to draft principle 7, it might be desirable to include also a more explicit lex specialis clause along the lines of article 55 of the draft articles on State responsibility.
Draft principle 5, entitled" Response measures", responded to the policy consideration that any contingency plans and response measures must go beyond those contemplated in the draft articles on prevention.
She welcomed the provision in draft principle 5 that a mechanism for channelling liability in accordance with draft principle 4 would not absolve the State of origin from its obligation to take measures to mitigate the damage.
The draft principle also requires vigilance on the part of the State of origin to continuously review its domestic law to ensure that its regulations are kept up to date with the developments concerning technology and industry practices at home and elsewhere.
With respect to draft principle 4, paragraph 3, his delegation believed that if the operator or other person or entity could establish financial security, it would help victims to obtain fair and reasonable compensation.
Although the content of draft principle 3 was considered acceptable by some delegations, it was noted that compensation should not only be prompt and adequate but also effective and proportional; it should take into account the conduct of the operator.
(1) Draft principle 6 indicates measures necessary to operationalize andimplement the objective set forth in draft principle 4. Paragraph 1, which sets forth the requirement to ensure appropriate procedures for ensuring compensation applies to all States.