Examples of using Material scope in English and their translations into Arabic
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Material scope and content of the obligation.
This code may define the jurisdictional and material scope of the offence in the same section.
The material scope of immunity ratione personae.
However, as international law on the right to the truth has evolved to apply in allsituations of serious violations of human rights, the material scope of the right to the truth has also expanded to include other elements.
Ii. the material scope of the right to the truth 33- 34 10.
Respect for international humanitarian law does not depend at the present time on attempts to formulate newprovisions whose main purpose is to broaden the material scope of the relevant legal instruments which are in force, as the Turku Declaration aims to do.
(b) The material scope of immunity ratione materiae: what types of acts performed by these persons are covered by immunity?
It should be emphasized, from the outset, that this immunity is restricted to the period in which the State official concerned is in office:its broad material scope is justified by the aim of protecting the holder and enabling him to carry out his official duties.
In the first place, the material scope of the Turku Declaration contradicts the definition of non-international armed conflicts contained in article 1 of Additional Protocol II to the 1949 Geneva Conventions.
In particular, the Special Rapporteur drew attention to questions concerning(a)the legal bases of the obligation to extradite or prosecute;(b) the material scope of the obligation;(c) the content of the obligation; and(d) the conditions for the triggering of the obligation.
The material scope of the obligation should not be limited to crimes that fell under the jurisdiction of the existing international criminal tribunals; it should include other crimes of international concern, such as terrorism.
There is considerable support for including this element in the material scope of the right to the truth in the jurisprudence of the Human Rights Committee, IACHR and the InterAmerican Court.
The material scope of this immunity is well settled both in judicial decisions and the legal literature, which often express this idea by qualifying immunity ratione personae as" complete"," full"," integral" or" absolute".
In that regard, he suggested concentrating on the first three issues on the list of questions to be addressed--the legal bases, material scope and content of the obligation to extradite or prosecute-- as a foundation on which to base future work.
The material scope of the obligation considered by the Commission should be limited to international crimes of concern to the entire international community, as crimes under domestic law were already regulated through extradition processes.
Since protection from the exercise of foreign criminal jurisdiction under these Conventions follows the same logic as the immunity granted to Heads of State, Heads of Government and ministers for foreign affairs,it follows that its material scope should also be identical.
While the draft code 's focus is on core crimes, the material scope of the obligation to extradite or prosecute covers most crimes of international concern, as mentioned in(1) above.
Pursuant to resolution 2005/66 of the Human Rights Commission, the Office of the United Nations High Commissioner for Human Rights submitted a study on the right to truth, contained in document E/CN.4/2006/91, surveying and analysing different aspects of this law:its legal and historical basis, its material scope, its holders, its nature and content, its relationship with other rights and the institutional and procedural mechanisms for its implementation.
The material scope of the report will be based on the six objectives and how far the arrangements adopted pursuant to the synergies decisions, in particular on joint activities, joint managerial functions and joint services, have contributed to achieving them.
It also agreed that the functional nature of immunity ratione materiae should be emphasized; however,the crucial issue was the material scope of such immunity. That issue should be evaluated taking into account ultra vires acts and the concept of universal jurisdiction.
It was said that the material scope of application related to the question whether the rules on transparency would apply in the context of arbitration initiated under the UNCITRAL Arbitration Rules only, or also to arbitration conducted under other rules if the parties so chose.
In particular, the Special Rapporteur drew attention to questions concerning:(a)the legal bases of the obligation to extradite or prosecute;(b) the material scope of the obligation to extradite or prosecute;(c) the content of the obligation to extradite or prosecute;(d) the conditions for the triggering of the obligation to extradite or prosecute.
Secondly, in addressing the material scope of the convention, the approach taken in the negotiating process had been patterned on an approach that sought to(a) proscribe, as comprehensively as possible, through inclusionary clauses, the particular conduct; and then(b) provide particular exclusionary" safeguards" in respect of certain activities.
The question was raised whether the structure proposed under articles 1 and 3 of the transparency convention as contained in paragraph 5 of document A/CN.9/784 should be retained inorder to differentiate between the material scope of application of the transparency convention and the substantive obligations of Contracting Parties under the transparency convention.
Section B considers immunity ratione materiae, describing the material scope of such immunity(particularly, in light of the distinction between official and private acts), the individuals covered by such immunity as well as possible exceptions thereto.
The material scope of immunity ratione personae of State officials from foreign criminal jurisdiction is often compared to that of the similar immunity granted to heads of diplomatic missions under customary international law, as reflected in article 31, paragraph 1, of the Vienna Convention on Diplomatic Relations.
As noted in the memorandum by the Secretariat, the material scope of this immunity is well-settled both in judicial decisions and the legal literature, which often express this idea by qualifying immunity ratione personae as" complete"," full"," integral" or" absolute".
The material scope should be distinguished from the temporal scope of application, which raised questions whether the rules on transparency would apply only to arbitration under investment treaties concluded after the date of coming into effect of the rules on transparency or also under treaties concluded before that date.
With regard to the list of questions and issues entitled" The material scope of the obligation to extradite or prosecute"(A/64/10, para. 204(b)), although some multilateral conventions applied the obligation to grave crimes of international concern, the vast majority of applicable offences were far less grave and were usually identified by the sentence imposed rather than by the elements of the crime.