Examples of using Continuing breach in English and their translations into Russian
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Official
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Colloquial
Cessation is required in respect of any continuing breach of a subsisting obligation, and no separate issue of damage arises.
One of the main hypotheses- but not the only one- where the adoption of interim measures would be justified would be,of course, that of a continuing breach.
Paragraph 3, dealt with the question of continuing breaches of obligations of prevention, and would also have to be subject to article 18.
In its discussion of the topic of State responsibility, however,the Commission has acknowledged that omissions could give rise to continuing breaches.
It concluded that there had been“successive and still continuing breaches by Iran of its obligations to the United States”, and added.
Secondly, it is far from certain that the requirement of prior recourse to dispute settlement procedures could not usefully be extended to continuing breaches.
No doubt composite acts are more likely to give rise to continuing breaches, but simple acts can cause continuing breaches as well e.g. the detention of a diplomat.
But Judge Bernhardt, in a dissenting opinion shared in substance with some other members of the Court,took a different approach to the distinction between completed and continuing breach.
Furthermore, this would represent a continuing breach of the Convention, as explained in paragraphs 69(b) and 73 of the Committee's findings and recommendations ECE/MP. EIA/10, decision IV/2, annex I.
The authors accordingly submit that the mental suffering caused by the State's refusal to clarify the circumstances of Ismail Al Khazmi's death also amounts to a continuing breach of article 7 of the Covenant in his regard.
The Court held that there was a continuing breach of the right to peaceful enjoyment of property under article 1 of Protocol 1, and therefore upheld its jurisdiction over the claim. ECHR, Series A, No. 260B 1993.
The first case in which these provisions were actually applied against a State occurred in 2000,when the Court of Justice of the European Communities imposed a penalty for a continuing breach of EU law of Euro20,000 per day.
For a continuing breach- as well as for urgent reparation of a very serious breach- the answer should be interim measures, about which something must at this point be said.
Contrary to the traditional view thatdeprivations were instantaneous acts, the Court ruled that a continuing breach had occurred because it was impossible to identify precisely the act that had led to the deprivation.
Here the notion of a continuing breach was relevant not only to the Committee's jurisdiction but also to the selection of article 27 as the most directly relevant provision of the Covenant so far as the applicant was concerned.
In that it has failed to conduct an effective investigation into the fate of Croatian citizens who are missing as a result of the genocidal acts referred to in paragraphs(a) and(b), andis thus in continuing breach of Articles I and IV of the Convention.
If the obligation ceases to exist, there can be no question of any new or continuing breach thereafter. On the other hand, questions of restitution can still arise, and the distinction between cessation and restitution is not always easy to draw.
There is a further difficulty with the formulation of article 26,in that it assumes that the occurrence of an event which has a continuing character will involve a continuing breach by the State which has wrongfully failed to prevent it.
It provides that a continuing breach“occurs at the moment when the act begins”, which is not true if the rule in question was not then in force. Evidently this is drafting oversight: the commentary to article 25, para. 3, note 4, makes the point clearly.
Indeed, it is difficult to see in what sense the vagueness of the concept of interim measures could have induced the Drafting Committee to dispose of the problem of continuing breaches by abandoning the requirement of prior recourse to dispute settlement procedures.
The Court of Appeal therefore came to completely the opposite conclusion to the judge at first instance, who had found that the denial of British citizenship at birth was unjustified discrimination contrary to Article 14 read inconjunction with Article 8, and that this was a continuing breach.
Coming now to the third reason indicated, we find it difficult to understand in what situations,aside from continuing breaches and other cases calling for interim measures,"some members" believed that"it would not always be justified to require that resort to dispute settlement should precede the taking of countermeasures.
On the understanding that the information in the press release was correct, the Committee considered that this would be contrary to the requirements imposed by the Committee when deciding that the caution should not become effective, andwould represent a continuing breach of the Convention.
On the contrary, the State concerned would normally be in continuing breach of the main obligation after the due date for its performance. The position might be different if the conduct required was of no value to the obligee after the due date: e.g. an obligation to inform another State of the intention to do something, prior to doing it.
In that it has failed to bring to trial persons within its jurisdiction who are suspected on probable grounds of involvement in the acts of genocide referred to in paragraph(a), or in the other acts referred to in paragraph(b), andis thus in continuing breach of Articles I and IV of the Convention;
Mr. Chabi(Morocco) said that the situation of human rights in the Occupied Palestinian Territory had greatly deteriorated as a result of the continuing breaches of international law by the Israeli forces of occupation, including grave violations against civilians, an increase in deliberate killing, the destruction of property, the expansion of settlements, the confiscation of land, the annexation of parts of the West Bank and the continuing settlement activity in Jerusalem.
It follows that in most cases of ordinary breaches(and except for interim measures of protection),an immediate resort to countermeasures is not necessarily more justified for cessation of a continuing breach than it is justified for reparation of a completed breach. .
The continuation of works under Phase I of the Project was contrary to the requirements imposed by the Committee when deciding that the caution should not become effective(ECE/MP. EIA/IC/2008/2, para. 31),and represented a continuing breach of the Convention, as explained in paragraphs 69(b) and 73 of the Committee's findings and recommendations(ECE/MP. EIA/10, decision IV/2, annex I);
It is therefore even more difficult to understand how the 1993 Drafting Committee could have been persuaded instead that the broadness of the interim measures exception to a requirement of"prior recourse"(particularly in the case of a continuing breach) should be remedied, for any kind of breach, by a total abandonment of that requirement.
In addition to damages and any other remedies to which Pioneer may be entitled, You agree that Pioneer may seek injunctive relief to prevent the actual,threatened or continued breach of this Agreement.