Examples of using Present draft article in English and their translations into Russian
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Official
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Colloquial
In the present draft article that issue was largely set aside.
It is therefore suggested that the present draft article should not be rephrased.
The present draft article concerns coercion by a State in a similar situation.
In spite of certain misgivings,fraud should be included in the present draft article as a cause of invalidity.
In the present draft article 6, the decisive criterion is only effective control over the conduct.
For clarity's sake it seems appropriate to explicitly mention the words"review" and"recourse" as has been done in square brackets in the present draft article 34(2), third sentence.
According to the present draft article, two elements are required for international responsibility to arise.
Moreover, it was decided that the content of former draft article 7, paragraph 1, in an adjusted form, should be located after draft article 4, as present draft article 5.
The present draft article 7 has been the object of criticism by international scholars and international practitioners.
What is relevant for the purposes of international responsibility to arise according to the present draft article, is that the international obligation covers the area in which the international organization is provided with competence.
The present draft article is without prejudice to the rules of international law applicable to the expulsion of aliens in the event of an armed conflict.
Mr. Milassin(Hungary) said that his delegation was willing to support the Chinese proposal to reintroduce former draft article 16 as a footnote to the present draft article 13, even though it dealt with an arbitration situation.
The Commission therefore considers the present draft article only to be applicable to a subset of disasters as defined in draft article 3 3.
The formulation of two different rules, one for voluntary and the other for involuntary loss of nationality or the entitlement thereto,constitutes the major difference between the present draft article and article 20, paragraph 1(a), of the Draft European Convention.
The question of withdrawal in the present draft article provides an appropriate context for its inclusion in subsequent ancillary draft articles. .
While recognizing the relevance to international organizations of the principle in article 17 of the draft articles on State responsibility,the International Monetary Fund has great difficulty with the broad expansion of that principle found in the commentary to the present draft article 13.
The present draft article is therefore designed to elaborate further on the meaning of draft article 8[5], without creating any additional legal obligations.
The Commission is therefore to be commended for including an express reference to the rules of the organization within the present draft article, to which the commentary in paragraph(6) correctly points as the(only) basis of the requirement in question.
The present draft article is without prejudice to the rules of international law applicable to the expulsion of aliens in the event of an armed conflict involving the expelling State.
Also in view of the limited nature of the cases in which responsibility arises according to the present draft article, it is reasonable to presume that, when member States accept responsibility, only subsidiary responsibility, which has a supplementary character.
Thus the present draft article refers to a joint management"mechanism" rather than an organization in order to provide for such less formal means of joint management.
As in the case of aid or assistance, which is considered in draft article 25 and the related commentary, a distinction has to be made between participation by a member State in the decision-making process of the organization according to its pertinent rules, and direction andcontrol which would trigger the application of the present draft article.
The first difference between the present draft article 4 and the language used by the Working Group consists in the replacement of the term"third State" by the term"another State.
Cooperation may, therefore, include the activities mentioned, but is not limited to them;other forms of cooperation not specified in the present draft article are not excluded, such as financial support; technological transfer covering, among others, satellite imagery; training; information-sharing; and joint simulation exercises and planning.
The present draft article is without prejudice to the rules of international law applicable to the expulsion of aliens in the event of an armed conflict involving the expelling State.
Nevertheless, the Commission does not consider it necessary to refer explicitly to those officials in the present draft article, since immunity ratione materiae applies to them, not because of their status, but in view of the fact that they are State officials who have acted as such during their term of office.
The present draft article is in some sense superfluous but, against the historical background, and the former acceptance of a principle of abrogation, it has a certain role of clarification.
In view of the sovereignty over the aquifer located in the State's territory and the need for cooperation among aquifer States,two kinds of obligations are introduced in the present draft article: first, the obligation of each aquifer State to establish its own plan with regard to its aquifer and to implement it and second, the obligation to enter into consultation with other aquifer States concerned at the request of any of the latter States.
The present draft article concerns circumvention by a State of one of its international obligations when it avails itself of the separate legal personality of an international organization of which it is a member.
Unlike the Arbitration Rules 1976, neither the present draft article 14, nor any other provision of the present draft does give an answer to the question which events can justify the replacement of an arbitrator.