Examples of using Future draft articles in English and their translations into Russian
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Official
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Colloquial
In future, draft articles should stand alone to the extent possible, with minimal cross-referencing.
How the limits of the scope of the said obligation-- and those of the application of future draft articles-- should be established.
The time element: extension of the application of the future draft articles to the periods of establishment, operation and production of effects of the obligation in question;
She commended the Special Rapporteur's focused approach to the topic andlooked forward to examining the future draft articles.
Before commenting on the substance,it would prefer to wait for the premised future draft articles on the scope and limits of the role of the affected State.
It was further suggested that the future draft articles should include a provision allowing for the application of treaties providing additional protection to the persons concerned.
The view was also voiced that, given the vulnerability ofaquifers to pollution and excessive exploitation, some specific obligations should be established in future draft articles.
Special attention should be given in the future draft articles on the topic to the link between the principle of universal jurisdiction and the obligation to prosecute or extradite.
The Special Rapporteur decided, however, that in his second report he would propose-- at least provisionally-- to start the elaboration of the first provision dealing with the scope of application of future draft articles.
It remains a question for the Commission whether the draft articles on transboundary aquifers and the future draft articles on oil and natural gas should or should not be incorporated into one convention.
The Special Rapporteur reiterated that future draft articles on this topic could draw inspiration from the draft Code of Crimes against the Peace and Security of Mankind adopted by the Commission in 1996.
The Special Rapporteur was however in a position, already at this stage,to present one draft article regarding the scope of application of the future draft articles on the obligation to extradite or prosecute.
This delimitation of the scope of application of the future draft articles corresponds to the views expressed by a large number of delegations in the Sixth Committee in response to an invitation to comment addressed by the Commission.
It would be useful to establish some specific obligations, given the vulnerability of aquifers to pollution and excessive exploitation, andhis delegation hoped that such obligations would be dealt with in future draft articles.
Concerning the draft article on the scope of application of the future draft articles on the topic, the focus should be on the crimes for which the alleged offender was sought for extradition or for purposes of domestic prosecution.
While some delegations encouraged the Commission to analyse its relationship with the obligation to extradite orprosecute(either in a separate provision or in the commentary to the future draft articles), other delegations opposed this proposal.
It was also argued that the International Law Commission should clearly distinguish the two notions andthat universal jurisdiction should be dealt with in the future draft articles only to the extent necessary for the study of the obligation to extradite or prosecute.
It had been suggested that the Commission should deal with universal jurisdiction only in so far as it related directly to the topic, andit had been proposed that the relationship between the two notions should be addressed in a specific provision of the future draft articles.
It was also argued that the Commission should clearly distinguish the two notions andthat universal jurisdiction should be dealt with in the future draft articles only to the extent necessary for the study of the obligation to extradite or prosecute.
Moving on to chapter IX, on the obligation to extradite or prosecute(aut dedere aut judicare), he said that the Commission had considered one draft article submitted by the Special Rapporteur on the topic,concerning the scope of application of the future draft articles on the topic.
While some delegations encouraged the International Law Commission to analyse its relationship with theobligation to extradite or prosecute(either in a separate provision or in the commentary to the future draft articles), other delegations opposed that proposal.
Although the comments and information provided by States are still far from being complete and from giving a solid and definite basis for constructive conclusions,it seems possible, already at the present stage, to formulate provisionally a draft article concerning the scope of application of future draft articles on the obligation to extradite or prosecute.
During the preparation of the second report, the Special Rapporteur was of the opinion that although the comments and information delivered by States were still far from being complete and from giving a solid and definite basis for constructive conclusions,it was possible, already at that stage, to formulate provisionally a draft article concerning the scope of application of future draft articles on the obligation to extradite or prosecute.
Future draft article 3-- Principles.
It was felt that any future draft article would be based on purely theoretical grounds given the lack of practice.
The matter will be covered more fully in a future draft article on the substantive and temporal scope of immunity ratione materiae, to be modelled on draft article 4.
Nonetheless, he would prefer an express reference to be made thereto in a future draft article.
Regarding future draft article 3, on the principles applicable to transboundary aquifers, it was noted that the principles governing the uses of aquifer systems should be analysed with care to ensure that they were appropriate.
Consequently, a future draft article 2, entitled"Use of terms", will provide a definition,"for the purposes of the present draft articles", at least of such terms as extradition, prosecution and jurisdiction.
Regarding question(b), it should be noted that owing to a lack of practice with respect to the state of necessity of an international organization, any future draft article would be based on purely theoretical grounds.