Turning to draft article 13, which contained the term detrimental impacts , he noted that the term impact was used in draft article 1 (b), the term adverse effects was used in draft article 16, the term significant adverse effect was used in draft article 17 and the term serious harm was used in draft article 19.

(b) The impact or lack of impact of those articles on the responsibilities of the Executive Secretary

(c) The impact or lack of impact of those articles on the material produced by the secretariat

Additional Compact impact reimbursement is authorized if impact costs rise above the mandatory appropriation of 30 million per year.

The application of the preceding provision shall not affect the legal status of the parties to the conflict.

(b) Implement policies and measures under this Article in such a way as to avoid adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmental and economic impacts on other Parties, especially developing country Parties and in particular those identified in Article 4.8 and 4.9 of the Convention, taking into account Article 3.5 of the Convention. This matter is linked with the issue of a compensation fund and a clean development fund.

The further consequences of a FIO(S) clause will depend on its construction.

The view was also expressed that the definition, which referred to the conflict likely to affect the operation of treaties was circular in that it was for the draft articles to determine whether the operation of a treaty was to be affected or not.

Nonetheless, it was felt impossible to determine their effect in abstracto.

3. Except as provided in paragraph 1 of this article, article 9 and article 10, paragraphs 2 and 3, this Convention does not affect any limitations on assignments arising from law.

(i) Article 2, paragraph 2 of the Convention on Environmental Impact Assessment in a Transboundary Context, 1991, General provision

Minimization of adverse impacts in accordance with Article 3, paragraph 14

Therefore, the State parties emphasize that nothing in the Treaty shall be interpreted as affecting this right.

The draft articles proposed by the Special Rapporteur therefore include the effect on treaties of internal armed conflicts.

Influenced by the principle of pacta sunt servanda, it appears that courts and commentators examining the question of the effect of armed conflict on treaties have been more willing to allow separability of treaty provisions than the framers of the Vienna Convention. For example, McIntyre reports that in the Second World War,

(b) Facilitation of assistance to affected developing countries in accordance with article 23, paragraph 2 (c), and article 26, paragraph 7, of the Convention

(b) Facilitation of assistance to affected developing countries in accordance with article 23, paragraph 2 (c), and article 26, paragraph 7, of the Convention

Thus, when evaluating the impact of a reservation considered to be contrary to the object and purpose of a treaty, consideration should be given to whether the impact of that reservation would be limited to the provision itself or whether it would have a broader effect on the substantive content of a treaty.

As the final form the draft articles would take would affect both their wording and their content, a choice should be made without delay.

17. The provisions of article 19 of the draft articles on State responsibility have had a considerable impact on doctrine.

Paragraph 1 of this Article does not affect the responsibilities, liabilities, rights or immunities of the shipper.

The present articles are without prejudice to any obligation incurred by States under relevant treaties or rules of customary international law.

It would be sufficient in draft article 1, subparagraph (b), to provide that other activities as described by the draft articles fell within the scope of the draft articles, without introducing the concepts of impact and likely impact , which would also raise questions about the relationship between such activities and the term significant harm .

(a) facilitate assistance to affected developing counties in accordance with article 23, paragraph 2 (c), of the Convention

WORKING GROUP ON IMPLEMENTATION OF CHARTER PROVISIONS ON ASSISTANCE TO THIRD STATES AFFECTED BY THE APPLICATION OF SANCTIONS

The contents of the various provisions which stem from the contents of the action programme adopted by each of the affected countries.

The draft articles represented the most significant development in international law in recent decades.

Some reservations are drawn so widely that their effect cannot be limited to specific provisions in the Convention.

In more modern times it is the character of the treaty, or of the particular provision in a treaty, which is regarded as the important element in determining the effect which an outbreak of war will have upon it.

Mr. Lavalle Valdés (Guatemala) said that the reference in article 4, paragraph 2 (a), of the draft articles on the effects of armed conflicts on treaties, to provisions of the Vienna Convention on the Law of Treaties gave the impression that the intention referred to in the draft article related to the interpretation of the treaty.

The ability of producer members to achieve the objectives of Article 1 d will be influenced by the availability of resources.

In draft article 7, paragraph 2, the word impact was both unnecessary and confusing.

A model framework headquarters agreement, or standard articles, should be without prejudice to any agreements already in existence which provide for more favourable conditions.

The draft articles, however, covered the effects only of succession of States occurring in conformity with international law and the Charter of the United Nations.

(b) facilitate assistance to developing country Parties in accordance with article 23, paragraph 2 (c), and article 26, paragraph 7, of the Convention as well as the relevant articles of the regional implementation Annexes

Experts generally agreed that there should be a specific without prejudice clause in regard to article 47 of Additional Protocol I.

Effects of armed conflicts on treaties

Effects of armed conflicts on treaties.

Rapporteur Mr. Bernd NIEHAUS

These articles are without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State.

Two draft articles are proposed for part IV on activities affecting other States. They read as follows

The set of draft articles should include one inspired by article 3 of the Vienna Convention providing that the fact that the articles did not apply to other unilateral acts or conduct of States should not affect the legal force of such acts or conduct or the application to them of any of the rules set forth in the draft articles.

(d) take into account possible influences on the water quality resulting from planned activities and ongoing measures pursuant to Article 3, paragraph 2

Paragraph 2 (h) (implications for world food supply)

Without prejudice to article 5,