Examples of using Cannot derogate in English and their translations into Russian
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Official
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Colloquial
However, the Government of the Republic enters a reservation concerning article 19 which cannot derogate from the monopoly of the French radio and television broadcasting system.
The parties cannot derogate from this Procedure without the express approval of ICANN andthe relevant DRSP and cannot derogate from the applicable DRSP Rules without the express approval the relevant DRSP.
Where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the disputing parties cannot derogate, that provision shall prevail.
This places its member States in a conflicting anddifficult position- given that they cannot derogate from EU obligations in view of enforcement measures(such as fines), as opposed to the Agreement which provides no enforcement mechanism.
Where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the disputing parties cannot derogate, that provision shall prevail.
Although the Convention does not expressly so state, the parties cannot derogate from the public international law provisions of the Convention(i.e. articles 89-101) because those provisions address issues relevant to Contracting States rather than private parties.15 One court also stated that article 28 of the Convention cannot be derogated from.16.
Although the Convention does not expressly mention it, there are other provisions that the parties cannot derogate from, more specifically, the public international law provisions i.e. arts. 89-101.
A further proposal to amend the language of draft article 1(3) of Track I ofthe Rules as follows, was made:"These Rules shall govern the ODR proceedings except where any of the Rules is in conflict with a provision of applicable law from which either of the parties cannot derogate.
Although the Convention does not expressly mention it, there are other provisions that the parties cannot derogate from, more specifically, the public international law provisions i.e. arts. 89-101.
The Government of the Republic declares that article 13 cannot derogate from chapter IV of Order No. 45-2658 of 2 November 1945 concerning the entry into, and sojourn in, France of aliens, nor from the other instruments concerning the expulsion of aliens in force in those parts of the territory of the Republic in which the Order of 2 November 1945 does not apply.
These Rules shall govern the ODR proceedings except that where any of these Rules is in conflict with a provision of applicable law from which the parties cannot derogate, that provision shall prevail.
Mr. HOLTZMANN(United States of America)proposed that the beginning of paragraph 4 should be changed to read,"Subject to the provisions of the law governing the arbitral procedure from which the parties cannot derogate", so that it would be consistent with the wording of article 1, paragraph 2, of the UNCITRAL Arbitration Rules.
It is suggested that, at the appropriate point inthe text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties cannot derogate.
The Committee reaffirms that the principle of equal pay for work of equal value, as enshrined in article 7, paragraph 2, of the Covenant must be implemented immediately andthat the State party cannot derogate from this article without being in breach of its Covenant obligations.
These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
Iv The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties,unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or.
Paragraph(2)(a)(iv) provides that an arbitral award may be set aside if the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties,unless such agreement was in conflict with a provision of the Model Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with the Model Law.
Participants agreed that regional standards could not derogate international standards.
Another suggestion was that it should be revised to include a complete list of rules,which the parties could not derogate from or vary by agreement.
Therefore, it was appropriate to mention article 15, whatever its final form might be,as one of the provisions the parties could not derogate from.
In his view,all international conventions must contain a minimum number of provisions from which parties could not derogate.
Ms. Schmidt(Germany) proposed that the commentary should also make it clear, as suggested by the representative of the United States,that parties could not derogate from the mandatory provisions of domestic law.
Article 4 was essential,as the foregoing articles involved basic rights from which the executive branch could not derogate at any time.
For instance, article 4 of the International Covenant on Civil andPolitical Rights clearly stipulated that a State could not derogate from a wide range of Covenant articles even during a public emergency that threatened the life of the nation.
In that connection, he drew attention to article 1, subparagraph 3(a),which stated that the disputing parties could not derogate from the rules, by agreement or otherwise, unless permitted to do so by the treaty.
Mr. Minihan(Australia) expressed support for the text as drafted,which he interpreted to imply that parties could not derogate from the final provisions under chapter IV, since they were addressed to States rather than to parties.
In accordance with the International Covenant on Economic, Social and Cultural Rights, parents had the right to ensure that their children's religious and moral education was provided in conformity with their own convictions;the draft resolution could not derogate from international law in that respect.
Mr. Bellenger(France), supporting the proposal by the German delegation,said that the credibility of the draft convention would be undermined if there were not at least some provisions from which parties could not derogate.
In response to a question in relation to how the applicable law from which the parties could not derogate would be determined in an online environment, it was clarified that in relation to a party's invocation of applicable law, no difference existed as between an online and an offline environment.
The concept of peremptory norms of international law(jus cogens)from which States could not derogate by agreement, as distinct from rules which the parties might freely regulate by such agreement(jus dispositivum), as incorporated in the 1969 Vienna Convention on the Law of Treaties, needed the authoritative elaboration necessary to ensure objectivity, transparency and predictability.