This approach of the law recommended in the Guide is based on the principle that, in determining whether a transaction is a secured transaction or not, substance prevails over form.
This approach is justified by the need to avoid characterization issues and to ensure that the registry system and the priority rules of the Guide apply to all assignments of receivables(see paras. 41-45 below).
Furthermore, if this approach is followed it becomes difficult to persuade legal authorities to change the law subsequently on the basis of the conceptually superior accounting treatment prescribed in an IFRS.
It is emphasized, however, that this approach, which is adopted in order to promote wider acceptability of the Model Law, should not be used to establish blanket exceptions, frustrating the objectives of the Model Law.
The Netherlands agrees with this approach and notes that this is particularly relevant as a result of the application of the present draft articles to activities other than the utilization of transboundary aquifers.
但采取这种办法往往只能事后确认是否满足了这些条件,而且法院是否承认所用的任何特定方法也并无保证。
The consequence of this approach, however, is that such conditions are typically only confirmed a posteriori, and there is no assurance that a court will recognize the use of any particular method.
With such an approach, it may be possible for the Commission to address the concern expressed, thereby reducing significantly the possibility for a reservation as to the application of the draft Convention to assignments of consumer receivables.
The main reason choosing for this approach is that only a policeman can properly investigate crimes committed by policemen, with their detailed knowledge of police work.
It would continue with that approach, in the firm belief that it was essential to strengthen the CCW process rather than create a parallel process outside the Convention framework.
A good example of this approach is Brazil, which in 1995 adopted a law concerning the recognition as dead of persons missing in connection with their political activities in the period 1961-1979.
I wish to reiterate the importance and, indeed, the urgency of such an approach, especially given the negative impact of political polarization on the overall evolution of the country.
采取这种办法,必然要将人力资源过程的权力授予方案管理员,同时要提供必要的工具来支助权力下放。
A corollary aspect of that approach is the delegation of authority for human resource processes to programme managers, together with the provision of necessary tools to support such decentralization.
My delegation supports the approach taken to conduct a single joint debate on all the agenda items concerning cooperation between the United Nations and regional and other organizations.
Such an approach requires strategic information(" know your epidemic"), resources and a long-term sustained effort, and not many countries have as yet embarked on a combination approach..
巴塞尔公约》已经在采取这种办法。
The Basel Convention is already pursuing such a path.
大多数现代宪法都采取这种办法,它确保在政府各部门之间取得平衡。
Most modern constitutions take this same approach, as it ensures that a balance is struck between the different branches of government.
他们不采取这种办法的决定表明撰文人对他们并非特别重要。
Their decision not to have recourse to that possibility indicates that the author is not of particular interest for them.
采取这种办法,就不再需要就报告的具体内容提供描述性的指导。
This approach can avoid a need to provide prescriptive guidance on exactly what to report.
指出应当采取这种办法的原因在于,定义对于读者理解建议草案(和任何示范条例草案)是必要的。
It was stated that that approach was appropriate as the definitions were necessary for the reader to understand the draft recommendations(and any draft model regulations).
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