Examples of using Negative formulation in English and their translations into Arabic
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Ecclesiastic
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Article 13 was the second unnecessary negative formulation that should be deleted.
Moreover, the negative formulation in article 3, paragraph 2(e), was not appropriate for such an important legal document.
The principle of non-discrimination has been described as a negative formulation of the principle of equality before the law.
It appears that, during the second reading of these draft articles, the Commission may drop article 11 altogether,so as to eliminate unnecessary negative formulations.
Cuba considers that the negative formulation of the draft article should be maintained.
The view was expressed that, for purposes of clarity, inclusion of a reference to those officials in thetext of the article was more appropriate than the negative formulation contained in the footnote.
Many members endorsed the excision of the negative formulations and the streamlining of the text as significant improvements.
The negative formulations contained in those four articles were devoid of content, since under article 3 it was necessary that conduct should be attributable to the State.
One suggestion was that, through the suggested negative formulation of draft article G, the relying party would bear that residual risk.
A number of Governments proposed, however, that the requirement of proportionality be more strictly formulated,and this suggests that the present double negative formulation" not be out of proportion" needs reconsideration.
Article 12 was an unnecessary negative formulation; it should be deleted, and the issues that it raised should be addressed in the commentary to article 9.
Ireland agrees with the Commission that proportionality is accepted in general customary international law as a prerequisite of the legitimacy of a countermeasure andalso agrees with the negative formulation of this condition in draft article 49.
A related view was that the negative formulation of draft article 11 was preferable because it did not create legal effect and supported the notion of a code of conduct.
Mr. RAO(Chairman, International Law Commission) said that paragraph(5) of the commentary to article 13made it very clear why a flexible negative formulation had been used in that article and how it was linked to determining the degree of gravity.
Article 11 was the fourth unnecessary negative formulation that should be deleted, and the rich commentary should be incorporated in the commentary to article 15 bis.
Mr. SORIEUL(International Trade Law Branch) said that a positive formulation would of course be preferable, butthat the Working Group had reluctantly decided that only a negative formulation would accurately convey the desired meaning.
However, objections were raised to the proposed negative formulation, since it did not provide the standards on the basis of which the recognition should be granted.
In the normal practice of the Commission, such adjectival issues have been avoided, although occasionally a substantive rule is formulated in terms implying that it is to be read narrowly or by way of exception:e.g. the negative formulation in the 1969 Vienna Convention of certain grounds for challenging the validity of or terminating a treaty(see articles 46, 56, 62(1)).
There was general agreement that the negative formulations contained in articles 11 to 14 were unnecessary and could be deleted, with any useful elements being addressed in the commentary.
Other comments on article 13 included(a) the remark that an exception should be provided for violations of human rights and of erga omnes obligations, two areas which, it was stated, should be governed by their own regimes and could not be automatically brought under the law of State responsibility, and(b)the observation that the negative formulation" shall not be out of proportion" might allow for the possibility of an escalation of reprisals.
It justifies the negative formulation of article 49(" not… out of proportion") by reference to formulations in decided cases such as Naulilaa and the Air Services Arbitration.
It was thus suggested that more restrictive wording might be appropriate to indicate,through the use of a negative formulation, that an undertaking could not be amended, except in the form specifically stipulated in the undertaking or, failing such a stipulation, in a form referred to in article 7(1).
The double negative formulation in paragraph 2(" is not ineffective") is intended to ensure that the mere violation of an agreement neither invalidates the notification for the purpose of debtor discharge, nor interferes with contract law as to the conditions required for such an agreement to be effective.
Mr. SANGIAMBUT(Thailand), referring to part two, article 13, of the draft articles on State responsibility, on the question of proportionality,said that the negative formulation" shall not be out of proportion" might allow for the possibility of an escalation of reprisals; that question needed to be resolved since countermeasures should be temporary and when the situation reverted to normal or reparation was settled they should be discontinued.
Delegations agreed to a negative formulation according to which the Committee would not consider a communication unless it had dealt with the question of exhaustion of domestic remedies, thereby making the subparagraph more succinct.
Mr. Flinterman said that the negative formulation in the sentence" Not every restriction is incompatible with paragraph 3" was problematic since every restriction on the freedom of expression should be tested against the strict requirements of that paragraph.
Another proposed amendment suggested a negative formulation of paragraph 2, which would specify that paragraph 1" shall not apply to any refugee" who has applied" for recognition of refugee status for the sole purpose of refugee application and such application is pending".
The CCPR Committee also noted that despite its negative formulation(" shall not be denied"), article 27 requires a State party to adopt positive measures that will protect not only against the acts of the State party itself, but also against the acts of third persons within the State party.
Accordingly, it decided to give a negative formulation to the rule contained in guideline 2.3: the principle is, and must remain, that the late formulation of a reservation is not valid; it may become so, in the most exceptional cases, only if none of the other contracting States or other contracting organizations" opposes the late formulation of the reservation".
This resolution deals with negative security assurances(whose formulation has been coordinated among the nuclear-weapon States) as well as, for the first time, positive security assurances.