Examples of using Harvard draft in English and their translations into Russian
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Official
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Colloquial
The first paragraph of article 18 of the 1929 Harvard Draft Convention on Nationality provided.
The commentary to the Harvard Draft is to the same effect:"… the normal practice of transfer by the Claimant State to the individual claimant of any reparation it secures.
It is also useful to recall that article 9 of the 1929 Harvard Draft Convention on Nationality read.
Similarly, the authors of the 1929 Harvard Draft Convention on Nationality did not believe that it was sufficient to base their work on a mere codification of existing customary law.
A similar provision was included in the Treaty of 1819 bywhich Spain ceded Florida to the United States. Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., pp. 65-66.
Concerning the creation of a State by separation, the 1929 Harvard Draft Convention on Nationality provided in the second paragraph of article 18 as follows.
According to the comment, the paragraph"relates to the nationals of a State the entire territory of which is acquired by another State,the first being thereby extinguished."Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., p. 60.
Regarding the consequences ofpartial succession on nationality, the 1929 Harvard Draft Convention on Nationality provided in the second paragraph of article 18.
Similarly, article 2 of the 1929 Harvard Draft Convention on Nationality asserts that the power of a State to confer its nationality is not unlimited. American Journal of International Law, vol. 23(Special Suppl.)(1929), p. 13.
The Special Rapporteur did not conceal that"[c] clearly, different opinions may be held as to what exactly is the existing rule on the point, if indeed any rule exists at all and mentioned, in particular,article 14(d) of the Harvard draft, which posited the contrary assumption.
Similarly, article 2 of the 1929 Harvard Draft Convention on Nationality asserts that the power of a State to confer its nationality is not unlimited. Article 2 reads as follows.
The comment went as far as to assert that, in the situation envisaged,"international law, without an applicable provision in the municipallaw of a State, declares that a person has the nationality of the State."Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., p. 61.
The 1960 Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens does not clearly permit or deny the right of a State of nationality to make a claim on behalf of a dual national against another State of nationality.
Where unification has occurred by incorporation of one State into another State which has maintained its international personality, the latter extended its nationality to allnationals of the former. The 1929 Harvard Draft Convention on Nationality only dealt with the case of unification by incorporation.
The 1960 Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens not only does not include the territorial voluntary link requirement in the relevant article(article 19), but in its commentary explicitly states that the Draft Convention.
The main dispute concerns the issue of the“limiting” or“excluding” effect of reservations as compared with their“modifying” effect:“writers who did mention only the‘excluding' oronly the‘limiting' effect of reservations were[apart from Anzilotti or Strupp and the Harvard draft] Baldoni, Hudson, Pomme de Mirimonde, Accioly and Guggenheim.
It is furthermore supported by the 1960 Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens, which defines a"national" for the purposes of the Convention as a"stateless person having his habitual residence in that State.
Thus, in the opinion of the Supreme Court of the United States in American Insurance Company v. Canter(1828), Chief Justice Marshall said that, on the transfer of territory, the relations of its inhabitants with the former sovereign were dissolved; the same act which transferred their country,transferred the allegiance of those who remained in it. Quoted in Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., pp. 61-62.
A compromise solution is thatproposed by Jessup and Sohn and Baxter in the 1960 Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens, which would allow both the injured individual and the State of nationality to pursue claims against the injuring State, but to give priority to the State claim.
When the United States acquired Hawaii and the previously independent State was thus extinguished, the former provided by statute that"all persons who were citizens of the Republic of Hawaii on 12 August 1898 are citizens of the United States and citizens of the territory of Hawaii". Act of 30 April 1900,quoted in Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., p. 63.
According to the comment to article 18 of the 1929 Harvard Draft Convention on Nationality,"[ a] ssuming that naturalization effects a complete transformation in the national character of a person, there is no reason whatsoever for drawing a distinction between persons who have acquired nationality at birth and those who have acquired nationality through some process of naturalization prior to the transfer". Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., p. 63.
The principle of family unity was also highlighted, albeit in a rather different context,in the comment to article 19 of the 1929 Harvard Draft Convention on Nationality, where it was stated that"[ i] t is desirable in some measure that members of a family should have the same nationality, and the principle of family unity is regarded in many countries as a sufficient basis for the application of this simple solution". Comments to the 1929 Harvard Draft Convention on Nationality, op. cit., p. 69.
It was also proposed that paragraph 1 be replaced with the version proposed in article 35, paragraph(a),of the Harvard Research Draft.
In 1961, the Harvard Law School prepared another Draft Convention on the International Responsibility of States for Injuries to Aliens which provided in Article 22.
The 1930 Conference for the Codification of International Law at The Hague was briefed withthe 1926 Guerrero Report, the 1929 Harvard Law School Draft and the 1929 Bases of Discussion drawn up by the Preparatory Committee of the Conference, all of which contained proposals relating to the Calvo Clause.
The same is true of the famous definition adopted at about the same time in the draft Convention on the Law of Treaties of the Harvard Law School, which defines a reservation as follows.
The commentary to article 2 of the Draft Convention on Nationality of 1929 prepared by Harvard Law School's Research on International Law asserts that the power of a State to confer its nationality is not unlimited. See note 43 above, pp. 24-27.
A formal declaration by which a State, when signing, ratifying or acceding to a treaty, specifies as a condition of its willingness to become a party to the treaty certain terms which will limit the effect of the treaty in so far as it may apply in the relations of that State withthe other State or States which may be parties to the treaty.” Research in International Law of the Harvard Law School,“Draft Convention on the Law of Treaties”, AJIL, 1935, supplement No. 4, p. 843.
The draft convention on the international responsibility of States for injuries to aliens, prepared by the Harvard Law School in 1961, recognized that an expulsion may be prohibited if it is undertaken for the purpose of depriving an alien of his existing means of livelihood under certain circumstances.
The inherent conditional character of reservations is stressedin numerous doctrinal definitions, including that of the Harvard Law School Research in International Law of the Harvard Law School,“Draft Convention on the Law of Treaties”, A.J.I.L. 1935, supplt. No. 4, p. 843; see also Frank Horn, Reservations and Interpretative Declarations to Multilateral Treaties, op. cit.(note 266 above), p. 35 and the examples cited.