Examples of using Draft art in English and their translations into Russian
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Official
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Colloquial
Many delegations stressed the importance of this part of the draft arts. 16 to 21.
The exemtion clauses now contained in draft Art. 18 are too wide-ranging(in the case of armed forces) and too narrow(in the case of liberation movements and insurgents) at the same time.
His delegation also took note of the duty of each State to reduce the risk of disasters draft art. 16.
While the Commission makes clear that the latteracts are not covered by the draft articles(para.(3) to the commentary to draft art. 1), some examples quoted in the documents remain ambiguous.
On the other hand, however, several articles do address such issues, explicitly orby implication in particular draft arts. 1(2), 32(2), 39, 49 and 57-61.
While the draft articles address the impact that countermeasures may have on the targeted entity(see draft art. 53), it may also be useful to address the issue of the impact of countermeasures on non-targeted entities.
Those delegations accordingly considered that the present text in the CMI Draft(art. 1(1)(c)) should be maintained.
Her delegation endorsed the proposed definition of the term"disaster"(draft art. 2) and agreed that situations covered by international humanitarian law, such as armed conflicts, should be excluded from the draft articles.
However, there is no way of separating two subjects that are linked; therefore,the use of force cannot be completely disregarded here see draft arts. 13 to 15.
The notions of aid and assistance(draft art. 57), and even more direction and control(draft art. 58), not to mention"coercion"(draft art. 59), seem to deny the distinct legal personality of international organizations.
What concerns us in particular in the area of prohibited countermeasures is the protection(contained in draft art. 14 proposed by the Special Rapporteur) that.
This is all the more true if one takes into consideration the broad wording of draft Art. 18 paras.2 and 3, which exclude from the scope of application nearly any activity of armed forces during an armed conflict, but also in any kind of official duties outside such conflict.
Should a distinction be drawn between decisions of the Security Council relating to self-defence(Art. 51 of the Charter; draft art. 13) and those relating to aggression(Chapter VII of the Charter)?
In view of the importance of tourism in the Principality,the bill would require hoteliers to report acts of violence committed in their hotels to the authorities draft art. 25.
A reference to the functional character of claims of an international organization against another international organization or State based on the criterion of"agent"(draft art. 2(c)) could be considered to be added in the draft article 44, preferably before paragraph 2.
The bill provides for targeted training for all staff involved in dealing with violent crime in any way, whether they work in the justice system, the police force, medical facilities orsocial services draft art. 43.
It reflected the Working Group's desire to ensure that once parties did apply even partof the Model Law, uniformity of interpretation was retained(draft art. 2) and fair and equal treatment was maintained during conciliation draft art. 7, para. 3.
Furthermore, where decisions to act have already been taken by governing organs and an alleged omission occurs at the hand of the executive organs, the act would violatethe internal rules of the organization and the matter would be governed under lex specialis draft art. 63.
This particularly applies to threats(draft art. 2), minor assaults(draft art. 8) and bodily injury committed with or without ensnarement or intent to harm, regardless of whether or not it has led to an illness or disability draft art. 9.
Lastly, international organizations were,like States, under an obligation not to recognize as lawful a situation created by a serious breach of international law as provided in draft art. 45, para. 2.
While it understood the Commission's decision not to define that concept in draft article 1,it also noted that the draft definition formulated by the Special Rapporteur in her second report(A/CN.4/661, draft art. 3) had not been included in the text of draft article 3 provisionally adopted by the Commission.
This is why this bill provides that, during both the preliminary inquiry and the investigation itself,investigators may use pseudonyms when contacting suspects in an effort to expose them draft arts. 23 and 26.
Unfortunately, the draft articles do not choose consistently between those two approaches: on the one hand, in paragraph(10) of the commentary to draft article 1,the Commission explains that"[t]he present articles do not address issues relating to the international responsibility that a State may incur towards an international organization" see also draft art. 18.
Neither the Drafting Committee of the draft Constitution nor the Constituent and Legislative Assembly or the Reform Committee achieved any credibility and in practice the President retains his very broad-ranging powers, as confirmed in the last draft arts. 267 and 271.
As commented above in relation to draft article 9, it is not consistent for the draft articles to state, on the one hand, that a responsible international organization may not rely on its internal law(" its rules") to justify its failure to comply its obligations( draft art. 31( 1)) and,on the other hand, state that a breach of the internal law of the organization may amount to a breach of international law draft art.
The bill also criminalizes the act of denying a spouse access to documents that are essential for his or her daily life when this is done to make use of a particularly effective method of pressuring the spouse. These documents include identification papers andmeans of payment such as chequebooks, payment cards and cash draft art. 16.
The Special Rapporteur sees no need to do so because it is so clear that articles 70 and 72 of the Vienna Convention are applicable by analogy, on the understanding that,if there is a notification followed by an objection(draft art. 8), the question of justification of the termination or suspension, and of the objection, itself remains open.
Since the treaty in such a case has been suspended at the initiative of one State party-- a party to the armed conflict-- on the basis of the prescribed indicia, it would appear that, when the armed conflict is over, these indicia cease to apply. As a result, the treaty may or should become operative once again, unless other causes of termination,withdrawal or suspension have emerged in the meantime(see draft art. 17), or unless the parties have agreed otherwise.
It is unnecessary to reiterate here the distinction between pre-countermeasures(Pre-CMs) and post-countermeasures(Post-CMs) dispute settlement obligations, andthe Special Rapporteur's proposals relating to the former(draft art. 12 of Part Two) or to the latter(draft arts. 1 to 7 of Part Three). Following further consideration, the Special Rapporteur believes that the annexes to the latter draft articles(as proposed in 1992-1993) left much to be desired and should have been entirely reformulated as the Drafting Committee has felicitously done.
It was observed that there might be inconsistencies in the terminology used in the draft Convention in terms of describing the party instituting a claim,which was described variously as"the person asserting a claim against the carrier"(draft art. 77, para. 2), the"claimant"(draft arts. 18 and 50, para. 5), and the"plaintiff" draft arts. 68 and 70.