Applicable legal provisions

Proposed article 88, paragraph 2 Mandatory provisions with respect to cargo interests

The Committee welcomes the abrogation of mandatory sentencing provisions in the Northern Territory.

One speaker argued that such an instrument could make mandatory all provisions against money laundering contained in the United Nations conventions and could make standards such as the recommendations of the Financial Action Task Force on Money Laundering universally applicable.

Section 3 Provisions applicable to interim measures and preliminary orders

General provisions that are applicable to tourism in multilateral environmental agreements

Redraft of article 88, paragraph 1 Mandatory provisions regarding the carrier and the maritime performing party

This provision is applicable to all now relevant penal provisions in Swedish law.

(h) The general provisions applicable to loading of dangerous goods and transport operations

It is in this context that concerns arise about the potential use of service contracts as devices to circumvent otherwise applicable mandatory liability rules.

45 to 51). It was thought that, since the proposed redraft of article 88 (1) set out mandatory provisions with respect to the carrier and the maritime performing party, in order to be consistent, the draft instrument should also provide mandatory provisions regarding cargo interests.

As previously noted, paragraph 1 of draft article 88 dealt with the mandatory provisions of the draft instrument regarding the carrier and the maritime performing party, and paragraph 2 of draft article 88 concerned the mandatory provisions of the draft instrument with respect to cargo interests.

(b) Providing for mandatory appeals or review with provisions for clemency or pardon in all cases of capital offence

It was implicit in treaty practice that the provisions of a private law convention did not derogate from mandatory public law.

' Finally, commentators are also in agreement that non derogable human rights provisions are applicable during armed conflict.

No amendments to the contents of the penal provisions are proposed, nor would the applicable penalties be different.

PART V OF THE CONVENTION Provisions applicable to particular categories of migrant workers and members of their families

Issue 3 Should there be mandatory provisions of the draft instrument from which derogation should never be allowed, and if so, what were they?

(d) PART V OF THE CONVENTION Provisions applicable to particular categories of migrant workers and members of their families

(c) The provisions of paragraphs (a) and (b) of this article shall not be applicable to the following cases

The ISPS Code, which establishes the detailed security related requirements, consisting of Part A (the provisions of which shall be treated as mandatory) and Part B (the provisions of which shall be treated as recommendatory).

Generally, applicable provisions of procurement law may apply, for instance suspension may be ordered by a court or supervisory authority.

1. Nothing in articles 27 to 29 restricts the application of the rules of the law of the forum State in a situation where they are mandatory irrespective of the law otherwise applicable.

Its Constitution contained provisions on fundamental rights and freedoms, applicable to all its citizens irrespective of their race or ethnic origin.

Thus, in the light of discussions on the mandatory scope of application of the draft instrument, the substantive content of liability provisions may need to be reconsidered.

Mandatory rules

With regard to overseas payment or al of funds, the related provisions of the state on foreign exchange control shall be applicable.

Thus, all the provisions of such treaties or conventions shall be applicable to the operation and security of civil aviation in Mexico.

(g) Communications conventions also remained legally applicable, even if some provisions were inoperative when direct relations with the enemy were called for

The Committee, having taken note of the explanations provided by the State party, reiterates its concern about provisions for mandatory sentencing in the Criminal Code of Western Australia.

Another view was that mandatory provisions should only exist in the draft instrument when truly necessary, and it was suggested that if the purpose of such provisions was to protect small shippers, paragraph 2 should be deleted in its entirety.

Ms. Šimonović asked how the provisions of the Convention were being incorporated into Ireland's dualist legal system, as they were not automatically applicable.

Article 6 Mandatory declaration

Penal provisions and sanctions indicated under previous points (in particular those related to use as well as participation and assistance to terrorist organisations) are applicable.

Penal provisions and sanctions indicated under previous points (in particular those related to use as well as participation and assistance to terrorist organisations) are applicable.

These provisions, combined with those relating to party autonomy, would render the convention applicable even to those States that had neither signed nor ratified it.

This Convention shall not prevail over any conflicting mandatory rules of any regional economic integration organization as applicable to parties whose respective places of business are situated in member States of any such organization, as set out by declaration.

Provisions on levy of customs duties shall be applicable to the administration of levying of import links duties levied by the customs on behalf of another.

Public policy and mandatory rules

Action on non mandatory measures

The provisions of paragraphs 1 and 2 are applicable to persons who have acquired Beninese citizenship only after the commission of offence with which they are charged.

(b) That the financial transactions reflected in the statements have been in accordance with these Regulations and the Financial Rules, the budgetary provisions and other applicable directives

The Committee may, in accordance with the provisions of the Convention and subject to the provisions of rule 26 whenever applicable, set up such subcommittees and other ad hoc subsidiary bodies as it deems necessary and define their composition and mandates.

Ms. Schmidt (Germany) proposed that the commentary should also make it clear, as suggested by the representative of the United States, that parties could not derogate from the mandatory provisions of domestic law.

The Executive Directorate will explore ways of enhancing the capacity of Member States to implement the provisions of the resolution and, where applicable, to meet their reporting requirements.