Examples of using To the application of the rules in English and their translations into Arabic
{-}
-
Colloquial
-
Political
-
Ecclesiastic
-
Ecclesiastic
-
Computer
As to the reference to the application of the rules of private international law, differing views were expressed.
A proposal was made to includeseparate provisions in the transparency convention in relation to the application of the Rules on Transparency.
It was said that the reference to the application of the rules on transparency pursuant" to an agreement by the parties to[the] treaty" in the chapeau was redundant and should be deleted.
Paragraph 3 stated that the cessation of immunity ratione personae was without prejudice to the application of the rules of international law concerning immunity ratione materiae.
In the case of Article 2(2), it appears inappropriate to construe a unilateral offer as a" successive treaty", since in that case, the other State that is a party to the relevanttreaty has not given its consent to the application of the Rules on Transparency.
With regard to family reunification, Luxembourg referred to the application of the rules of the European Union in that area.
It was said that, while such issues might be raised at a jurisdictional phase of proceedings,it was not intended that they should be invoked in relation to the application of the rules on transparency.
Concerns were expressed that providing for a temporal limitation in the scope of application of the transparency conventionwould create a disjunctive situation in relation to the application of the Rules on Transparency.
However, that was not inconsistent with such a State agreeing to the application of the Rules on Transparency to a specific arbitration in accordance to article 1(2)(a)of such Rules at a later point in time.
Other views were expressed that it would be problematic to include a provision that did not include anelement of reciprocity as between Contracting Parties in relation to the application of the Rules on Transparency.
It considers that this refusal is a governmental act, subject to the application of the rules of international law and to an appraisal of the requirements of foreign policy and the need to maintain good relations between States, and not an act of a civil nature.
It was suggested that the term" home State of the investor" in paragraph(2)(b) was unusual and could raise arguments on jurisdiction andnationality in relation to the application of the rules on transparency.
As to whether an injured member of a responsible international organization may take countermeasures against that organization, Chile believes that this should, in principle, be possible,without prejudice to the application of the rules of the organization as lex specialis.
Mr. Zemet(Israel), observing that 2013 had been a particularly productive year for UNCITRAL,said that the good compromise achieved with regard to the application of the Rules on Transparency in Treaty-based Investor-State Arbitration to existing investment treaties reflected the collaborative spirit that prevailed in the Commission.
(c) Draft article 4, paragraph 3, provisionally adopted by the Commission in 2013, which reflects the distinction between the regimes applicable to each of the types of immunity mentioned above, by stating that" the expiration of immunity ratione personae is without prejudice to the application of the rules of international law on immunity ratione materiae".
A proposal was made to modify the drafting of paragraph(2)to require explicit written agreement by the claimant to the application of the Rules on Transparency. That proposal would modify the latter half of paragraph(2) as follows:"(…) under article 3(1), provided that the claimant agrees explicitly and in writing, to the application(…)".
It was said by way of summary that the article 1(1) proposal retained the compromise referred to under paragraph 17 above,by requiring a Party to the treaty to" opt-in" to the application of the rules on transparency in relation to its existing treaties, and to" opt-out" in relation to treaties concluded after the coming into force of the rules. .
It was also questioned whether a Contracting Party, by excluding through a reservation the application of paragraph(3), would then be prevented from availing itself of the mechanism under article 1(2)(a) of the Rules on Transparency,under which a State and a disputing party could agree to the application of the Rules in UNCITRAL arbitrations pursuant to an existing investment treaty. In response, it was clarified, and agreed.
After discussion, the Commission agreed to provide, in addition to the existing mandate it had given to the Working Group to consider options in relation to the application of the rules on transparency to existing treaties, a specific mandate to prepare a convention thereon.
But that provides no rationale for the differential treatment of different categories of insurrectional movement for the purposes of chapter II.For these reasons, it should be irrelevant to the application of the rules stated in articles 14 and 15 whether and to what extent the insurrectional movement has international legal personality.
(12) This applies, in particular, with regard to the application of the rule concerning a genuine link.
However, there emerged certain differences with respect to the application of the rule, manifested in a different perception of the two sides of the extensionof the border in the disputed area of Prevlaka.
That the Internet helps reduce the marketing channels and works to deliver the product to the consumerat the right time and place and lead to the application of the rule of the product to the consumer directly.
With regard to the application of the rule of law and the complaint that the nonjustices were appointed on the basis of their membership of a political party, the State party explains that the High Council of Justice was created, and the mandate system introduced, by the amendment of article 151 of the Constitution.