Article 88a is the derogation provision.

It is embodied in Article 3 of the Convention as one of the non derogable articles.

He supported the right to derogate from all the draft articles under chapter III.

Although the effect of armed conflict on derogable human rights provisions is not as clear as with the non derogable provisions, there is growing acceptance of the proposition that these provisions may also apply during armed conflict.

Consequently, parties should be allowed to derogate from most provisions.

In conclusion, it is well established that non derogable human rights provisions apply during armed conflict, and there is a growing consensus that derogable provisions may apply as well.

3.1.10 Reservations to provisions relating to non derogable rights

In this connection, the test of derogability is not appropriate, because derogability concerns the operation of the provisions and is not related to the issue of validity or termination.

Such provisions are compatible with, and are not abrogated by, a state of war.

are many exceptions, derogations and reservations, and there are also important differences in the way specific clauses are formulated.

He also thought it unnecessary to specify which articles were non derogable.

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

In this regard, the Committee draws attention to article 4 of the Covenant, which permits no derogation from articles 6, 7, 8 (paras. 1 and 2), 11, 15, 16 and 18, and requires that permitted derogations be limited to the extent strictly required by the exigencies of the situation.

Because non derogable human rights provisions codify jus cogens norms, the application of non derogable human rights provisions during armed conflict can be considered a corollary of the rule expressed in the previous section that treaty provisions representing jus cogens norms must be honoured notwithstanding the outbreak of armed conflict.

Because non derogable human rights provisions codify jus cogens norms, the application of non derogable human rights provisions during armed conflict can be considered a corollary of the rule expressed in section 4 above that treaty provisions representing jus cogens norms, must be honoured notwithstanding the outbreak of armed conflict.

Less Loss on exchange on cash balance

(b) The derogation provisions and non derogable rights under the human rights treaties are inadequately formulated and

Issue 2 Under what conditions should it be possible to derogate from the provisions of the draft instrument?

There are also provisions establishing that certain obligations and liabilities regulated in the Instrument cannot be derogated from.

It expressly prohibits derogation by States parties in respect of 11 articles of the Convention, including those establishing the judicial guarantees essential to the protection of human rights.

While a view was expressed that no derogation from the provisions of the draft instrument should be allowed under any conditions, there was support for derogation to be allowed in some circumstances.

The situation was different with reservations to provisions setting forth norms of jus cogens or non derogable rules.

In his view, all international conventions must contain a minimum number of provisions from which parties could not derogate.

He also supported the right to derogate from draft article 6, since he anticipated that parties might wish to reach a separate agreement in respect of the location of the parties.

The view was also expressed that exclusive jurisdiction clauses should be limited to cases of derogation by certain volume contracts from the provisions of the draft instrument pursuant to proposed new article 88a (see above, para.

Article 88a(1) regulates the preconditions for when derogation is acceptable.

Professor Heintze argues that the absence of such provisions in contemporary human rights treaties marks the expansion of human rights, which clearly have to be seen as non derogable.

The reference to significant harm should also be included in the title of the article.

The derogation clause cannot, in these conditions be applied.

However, it was also indicated that the two provisions differed in scope, since draft article 88a (1) required that all the derogations, and the provisions affected by the derogations, should be contained exclusively in the contract of carriage and should be brought to the attention of the other contracting party, while draft article 88a (2) prevented the incorporation of derogations in the contract of carriage by reference.

Article 88a derogates in view of article 4 from the mandatory nature of the Instrument found in article 88.

Although the debate continues whether human rights treaties apply to armed conflict, it is well established that non derogable provisions of human rights treaties apply during armed conflict.

The number of exemptions was narrowed over time until only a very few remained. They are expressly dealt with in the Act (see, for example, section 40).

A State or an international organization may formulate a reservation to a treaty provision relating to non derogable rights provided that the reservation in question is not incompatible with the essential rights and obligations arising out of that provision.

Although the debate continues as to whether human rights treaties apply to armed conflict, it is well established that non derogable provisions of human rights treaties apply during armed conflict.

Further, it was suggested that the other requirements for derogation from the draft instrument set out under proposed new article 88a should also be fulfilled in order to allow for the valid operation of exclusive jurisdiction clauses (see above, para.

With regard to paragraph 2 of this article, the representative of the Netherlands proposed to maintain the words Without prejudice to article 1, .

In the Criminal Code of the Republic of Uzbekistan of 1994, the number of those articles was reduced to 13, in 1998 to 8 and in 2001 to 4.

Without prejudice to the provisions of article VI, paragraph 2 and article XVIII, paragraph 2, resolutions shall be adopted by consensus in so far as possible.

Recalling the draft articles on the Prevention of Transboundary Harm from Hazardous Activities,

An ex post facto correction clause could undermine the stability of contracts.

Where water is critical to alleviate an emergency situation, aquifer States may derogate from the provisions of the articles in parts II to IV of the present Convention to the extent necessary to alleviate the emergency situation.

She therefore strongly supported draft article 4, which emphasized the importance of preventive action, draft article 1 (b), which dealt with activities that did not normally entail risk but that nonetheless caused harm, and draft article 5, concerning the duty to pay compensation when transboundary harm occurred, with the understanding that it applied to the environment.

While he would be amenable to the insertion of the words implicitly or explicitly in the draft article itself, he proposed instead that a statement be included in the commentary to the effect that the intention was to permit implicit derogation.

Loss of life or personal injury, damage to property and loss of income, as well as environmental damage, are covered by the Protocol (art. 2 (2) (d)).