Examples of using Wrongfulness in English and their translations into Arabic
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(b) Relationship between wrongfulness and responsibility.
The international community had no satisfactory and commonly acceptedforums or methods for determining wrongfulness of conduct.
Potential preclusion of wrongfulness of coercive measures.
The fact of coercion of another State in doing a particular act does not necessarily imply awareness of all the circumstances,including circumstances entailing the wrongfulness of the act.
For example, some of the provisions on circumstances precluding wrongfulness had required adaptation or rewording.
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For instance, the“per se wrongfulness” may arise under a treaty, and that treaty may stipulate a particular procedure for dispute settlement.
Albania 's responsibility was original and not derived from the wrongfulness of the conduct of any other State.".
Turning to chapter VII, on responsibility of international organizations, he said that his delegation supported the text of draft articles 17, 18 and 20 to 24,concerning circumstances precluding wrongfulness.
A court decision or arbitral award declaring the wrongfulness of the act should be considered as a separate form of satisfaction.
(a) To the cessation of any act not in conformity with the obligation in question, and subsequent compliance with that obligation,if and to the extent that the circumstance precluding wrongfulness no longer exists;
It was therefore important to differentiate the circumstances precluding wrongfulness in the case of acts by States or by international organizations.
The decisions cited do not establish the wrongfulness of any conduct by the organizations concerned and therefore they do not bear upon a State ' s supposed circumvention through an international organization of their common obligation.
But there were other circumstances- especiallythose in Chapter V- which prevented wrongfulness from arising, notwithstanding disconformity.
IMF is of the view that the wrongfulness of conduct by an international organization might also be precluded by the principle of countermeasures, i.e., because the conduct was undertaken to procure cessation of wrongful conduct against the organization.
One of the most common modalities of satisfaction provided in the case of moral ornon-material injury to the State is a declaration of the wrongfulness of the act by a competent court or tribunal.".
The definition of the circumstances precluding wrongfulness in articles 29 to 34 is formally the same for international crimes and international delicts.
However, it was not convinced that a special derogation provision was needed in addition to a State 's right to invoke circumstances precluding wrongfulness to justify non-compliance with a particular obligation.
The concept of self-defence precluding the consequences of wrongfulness was different from the concept of self-defence described in Article 51 of the Charter of the United Nations.
Her delegation noted with interest the Special Rapporteur's suggestions for reconceptualizing chapter IV(Implication of a State in the internationally wrongful act of another State)and reorganizing chapter V(Circumstances precluding wrongfulness).
Another view was given that the possible effects of non-international conflicts on treatieswere governed by the provisions on circumstances precluding wrongfulness contained in the articles on the responsibility of States for internationally wrongful acts of 2001.
Although the draft articles were well balanced and covered the most important aspects of the topic, some draft articles required further consideration, particularly those concerning attribution ofconduct to an international organization and circumstances precluding wrongfulness.
Should, for instance, a draft article on necessity be omitted from among thedraft articles dealing with the circumstances precluding wrongfulness, the implication would be that an international organization could never invoke necessity for this purpose.
The second chapter on countermeasures contains all the essential elements for regulating this most sensitive issue and it is placed in the right context of implementingState responsibility instead of in the chapter on circumstances precluding wrongfulness.
Consent Valid consent by a State or an international organization to the commission of agiven act by another international organization precludes the wrongfulness of that act in relation to that State or the former organization to the extent that the act remains within the limits of that consent.
With regard to the new draft articles adopted at the sixty-first session, draft article 21 dealt with the sensitive issue of countermeasurestaken by an international organization as circumstances precluding the wrongfulness of an act of that organization.
In the view of the Special Rapporteur,the principles contained in the chapter on" Circumstances precluding wrongfulness" were equally applicable to international organizations, although in some cases they needed to be adjusted to fit the particular nature of international organizations.
Concerning the transposition of article 25 of the draft articles on State responsibility, on state of necessity, his delegation did not see any reason that wouldjustify the decision to eliminate the circumstance precluding wrongfulness or to make it contingent upon other conditions.
Circumstances precluding wrongfulness-- general considerations Without prejudice to possible comments by ILO on the forthcoming work of the Commission concerning circumstances precluding wrongfulness, ILO considers that international organizations may invoke such circumstances, as recognized under general international law.
The Special Rapporteur feels that the derogation from the obligations in this article should begoverned by the general rules of international law, namely circumstances precluding wrongfulness, which in a particular case might include the basic human water need.
With regard to the draft articles on responsibility of international organizations, his delegation had in the past sounded anote of caution about assuming that the circumstances precluding wrongfulness applicable to States were equally applicable to international organizations.