Examples of using These draft articles in English and their translations into Arabic
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Once again, we would compliment the Commission on its efforts in producing these draft articles and commentaries on State responsibility. We wish the Commission every success in its endeavours.
It calls for“a clear indication in the Commentary that these draft articles are not intended to deal with the responsibility of member States for acts of international organizations(including military actions under the auspices of international or regional organizations).
the Preservation of the Marine Environment may provide an example of the form that these draft articles could take.
The Kingdom would like to reiterate its concern that the International Law Commission should not design a new human rights instrument; these draft articles should reflect accepted principles of international law and the detail and nuance of these principles.
Given that several multilateral treaties already exist in this field, we question how much support would exist for negotiating a new convention based on these draft articles.
One obvious example of this tension is that these draft articles do not explicitly provide for derogation in times of emergency,
These draft articles have been divided into four chapters,
the Commission decided to refrain from formulating a draft article on the relationship between these draft articles and other international agreements and also a draft article on the settlement of disputes the
Other Cruel, Inhuman or Degrading Treatment or Punishment also separately prohibit the return of an alien entitled to protection, these draft articles deal solely with expulsion.
Although the Netherlands understands, as reflected in paragraph(1) of the commentary to draft article 14, the reasons of the Commission to provide for simpler procedural requirements in these draft articles than those contained in the 1997 Convention, one essential procedural element would seem to be missing in the draft articles. .
Provided that their scope were limited as described above, ILO would be favourable to transposing at least articles 16 into these draft articles and would not object to the same as regards articles 17
it is desirable that this be done by a clear indication in the Commentary that these draft articles are not intended to deal with the responsibility of member States for acts of international organizations(including military actions under the auspices of international or regional organizations).
the Special Rapporteur believes that the working group of the Commission would benefit from the advice of the Sub-Commission as to the practical implications of these draft articles.
A State which expels a stateless person under the conditions set forth in these draft articles shall allow such person a reasonable period within which to seek legal admission into another country.[However, if after this period it appears that the stateless person has not been able
In the Special Rapporteur ' s view, the decision in such cases should be left to the discretion of the expelling State; at present, there is no rule of international law that obliges that State to allow the alien in question to remain in its territory, and it can only expel such an alien under the conditions established in these draft articles and in other rules of international law.
This principle, stated succinctly in draft article 18, paragraph 1, holds uncontroversially that breach arises“only if the act was performed at the time when the obligation was in force for that State.” Read together, however, these draft articles inject far more complexity into the draft than necessary and provide possible legal hooks for wrongdoing States to evade their obligations.
These draft articles have been transmitted to the Drafting Committee.
The Czech Republic would prefer that these draft articles be accepted as legally non-binding guidelines.
It is true that these draft articles only constitute binding international law insofar as they codify customary international law.
We therefore reserve the right to make further observations and comments to these draft articles should the need arise.